William J. and Lois J. DiCindio - Page 6




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          guidelines and was a reasonable exercise of respondent’s                    
          discretion.                                                                 
               Petitioners contend that respondent’s rejection of their OIC           
          while a motion for reconsideration was pending before the Court             
          was an abuse of discretion.  We disagree.                                   
               The granting of a motion to reconsider rests in the                    
          discretion of the Court.  Louisville & Nashville R. Co. v.                  
          Commissioner, 641 F.2d 435, 443-444 (6th Cir. 1981), affg. on               
          this issue and revg. on other issues 66 T.C. 962 (1976); Estate             
          of Halas v. Commissioner, 94 T.C. 570, 574 (1990); Vaughn v.                
          Commissioner, 87 T.C. 164, 166-167 (1986).  Motions to reconsider           
          will not be granted unless unusual circumstances or substantial             
          error is shown.  Estate of Halas v. Commissioner, supra at 574;             
          Vaughn v. Commissioner, supra at 167.  Petitioners submitted                
          their offer-in-compromise to respondent on November 15, 2005.               
          However, they failed to respond to respondent’s repeated requests           
          for additional information.  In April 2006, petitioners requested           
          an extension until August 15, 2006, so that petitioner could file           
          his 2005 income tax return.  The Court was not persuaded that               
          petitioners were entitled to an extension of any deadlines                  
          related to respondent’s processing of the OIC and denied their              
          motion.  In the interim, respondent rejected petitioners’ OIC.              
               We have no reason to believe that an extension to August               
          would have changed the disposition of petitioners’ offer-in-                







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