Leon L. Sicard and Eleanor Sicard - Page 2

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          are to the Tax Court Rules of Practice and Procedure.  Neither              
          party has requested a hearing on petitioners' motion.                       
          Accordingly, we rule on petitioners' motion based on the parties'           
          submissions and the record in the instant case as a whole.  We              
          incorporate by reference herein the portions of our opinion on              
          the merits in the instant case, Sicard v. Commissioner, T.C.                
          Memo. 1996-173, that are relevant to our disposition of the                 
          motion.                                                                     
               On April 10, 1996, we issued our opinion in Sicard, in which           
          we held that a payment received by petitioner Leon Sicard                   
          (petitioner) during 1987 from the White-Sicard Co. partnership              
          (partnership), of which he was a partner, was a guaranteed                  
          payment within the meaning of section 707(c) and was therefore              
          includable in his income during the years that it was accrued by            
          the partnership.1  The years during which the guaranteed payment            
          was accrued by the partnership were closed at the time the notice           
          of deficiency in the instant case was issued to petitioners, and            
          we did not sustain respondent's determination that the payment              
          was includable in income for the year during which it was                   
          received.  The payment was not included in petitioner's income              


          1    The partnership used the accrual method of accounting, while           
          petitioner used the cash method.  A guaranteed payment is                   
          includable in a partner's income for the partner's taxable year             
          during which the payment is taken into account pursuant to the              
          partnership's method of accounting.  Pratt v. Commissioner, 64              
          T.C. 203, 212-214 (1975), affd. in part and revd. in part on                
          another issue 550 F.2d 1023 (5th Cir. 1977).                                




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