John W. and Vincentia Schwartz - Page 15

                                             15                                              
          petitioners' motions are denied, the issues be certified for an                    
          interlocutory appeal pursuant to section 7482(a)(2) and Rule                       
          193.6  Petitioners did not file a written pleading detailing the                   
          grounds for this motion, nor did they address the matter in their                  
          posttrial briefs.  Because petitioners failed to satisfy the                       
          criteria outlined in section 7482(a)(2), and under the reasoning                   
          of Eastern States Casualty Agency v. Commissioner, T.C. Memo.                      
          1991-559, we deny petitioners' oral request.                                       
                                                            An appropriate order             
                                                      will be issued.                        
















          6                                                                                  
                This Court may certify an interlocutory order for an                         
          immediate appeal if we conclude that (1) a controlling question                    
          of law is involved, (2) with respect to which there is a                           
          substantial ground for difference of opinion, and (3) an                           
          immediate appeal from the order may materially advance the                         
          ultimate termination of the litigation.  Sec. 7482(a)(2)(A); Rule                  
          193.  If any one of the three requirements is not satisfied, the                   
          taxpayer's request for certification must be denied.  Kovens v.                    
          Commissioner, 91 T.C. 74, 77 (1988), affd. without published                       
          opinion 933 F.2d 1071 (11th Cir. 1991).                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  

Last modified: May 25, 2011