Philippe and Nadine Grelsamer - Page 72

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          C.  Petitioners' Motions For Leave To File Motion for Decision              
          Ordering Relief From the Negligence Penalty and the Penalty Rate            
          of Interest and To File Supporting Memorandum of Law                        
               Long after the trials of these cases, petitioners each filed           
          a Motion For Leave To File Motion for Decision Ordering Relief              
          From the Negligence Penalty and the Penalty Rate of Interest and            
          To File Supporting Memorandum of Law under Rule 50.  Petitioners            
          also lodged with the Court motions for decision ordering relief             
          from the additions to tax for negligence and from the increased             
          rate of interest, with attachments, and memoranda in support of             
          such motions.  Respondent filed objections, with attachments, and           
          memoranda in support thereof and petitioners thereafter filed               
          reply memoranda.  Petitioners argue that they should be afforded            
          the same settlement that was reached between other taxpayers and            
          the IRS in Miller v. Commissioner docket Nos. 10382-86 and 10383-           
          86.  See Farrell v. Commissioner, T.C. Memo. 1996-295 (denying a            
          motion similar to petitioners' motions); see also Zenkel v.                 
          Commissioner, T.C. Memo. 1996-398.                                          
               Counsel for petitioners seek to raise a new issue long after           
          the trials in these cases.  Resolution of such issue might well             
          require new trials.  Such further trials "would be contrary to              
          the established policy of this Court to try all issues raised in            
          a case in one proceeding and to avoid piecemeal and protracted              
          litigation."  Markwardt v. Commissioner, 64 T.C. 989, 998 (1975);           
          see also Robin Haft Trust v. Commissioner, 62 T.C. 145, 147                 
          (1974).  Consequently, under the circumstances here, at this late           




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