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the Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
ARMEN, Special Trial Judge: This case is before the Court
on respondent's Motion for Leave to File a Motion to Vacate
Decision Out of Time (respondent's Motion for Leave). The issue
for decision is whether grounds exist in this case for vacating
what is otherwise a final decision.
Background
Petitioners W. Robert Curtis and Cheryl L. Riess-Curtis
resided in New York, New York, at the time that their petition
was filed with the Court.
Petitioners were sole equal shareholders in Curtis & Riess-
Curtis, P.C. (the Curtis corporation) during 1989.
Edwin C. Hamada was the sole shareholder in Edwin C. Hamada,
P.C. (the Hamada corporation) during 1989.
During 1989, the Curtis corporation and the Hamada
corporation were sole partners in Curtis, Hamada & Curtis (the
Curtis-Hamada partnership), a partnership subject to the unified
partnership audit and litigation procedures set forth in sections
6221 through 6231. Tax Equity and Fiscal Responsibility Act of
1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 324, 648. On
or about October 3, 1990, the Curtis-Hamada partnership filed
Form 1065 (Partnership Return of Income) for 1989 and identified
Edwin C. Hamada, P.C. as the tax matters partner. On this return
the partnership claimed an ordinary loss in the amount of
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