Travelers Insurance v. United States

OPINION

SMITH, Chief Judge.

This case is before the court on defendant’s motion for partial summary judgment and plaintiff’s cross-motion for summary judgment. In Travelers Ins. Co. v. United States, 25 Cl.Ct. 141 (1992), this court found that corporate prepayment charges for 1974 through 1978 qualified for capital gains treatment pursuant to former section 1232 of the Internal Revenue Code (IRC) of 1954. After this decision and after the parties had begun discovery, plaintiff filed a motion in limine. This motion requested that the court rule in advance of trial on the admissibility of five…