Gerling International Insurance Co. v. Commissioner of Internal Revenue. Appeal of Gerling International Insurance Co

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Gerling International Insurance Company (GIIC) appeals from a grant of summary judgment to the Commissioner of Internal Revenue (IRS), 87 T.C. 679, following the imposition of sanctions on GIIC for failing to produce certain information and documents which it claims to be unable to obtain. Finding the imposition of sanctions to be error, we will reverse the grant of summary judgment and remand to the Tax Court for further proceedings.

I

GIIC is a Delaware corporation with assets totalling about $700,000. Its only business, aside from investing its…