Arthur Takamoto and Louise Takamoto - Page 4

                                        - 4 -                                         


          6651(a)(1) in the amounts of $3,586 and $6,797, respectively,               
          were due from Mr. Takamoto and petitioner for the taxable year              
          1979.  The decision was signed by Mr. Farber on behalf of both              
          petitioner and Mr. Takamoto.  Petitioner first became aware of              
          the deficiency when respondent commenced collection efforts in              
          early 1991.  The motion currently before the Court was filed                
          approximately 4 years later on March 31, 1995.                              
               In support of her motion petitioner asserts that she had no            
          knowledge of the deficiency, did not sign the petition, did not             
          know Mr. Farber, did not authorize Mr. Farber to file a petition            
          on her behalf, and did not authorize Mr. Farber to enter into a             
          settlement agreement on her behalf.  For the purpose of                     
          discussing this motion, we take these allegations as true.                  
               In deciding whether to grant a motion for leave to file a              
          motion to vacate, this Court may consider the merits of the                 
          underlying motion to vacate.  Levitt v. Commissioner, T.C. Memo.            
          1993-294.  Prior to discussing the merits of the motion, however,           
          we note that Rule 162 provides that a motion to vacate shall be             
          filed within 30 days after a decision has been entered, unless              
          the Court shall otherwise permit.  Sections 7481 and 7483 provide           
          that a decision of this Court becomes final, in the absence of a            
          timely filed notice of appeal, 90 days from the date the decision           
          is entered.  If a motion to vacate is filed outside of the 90-day           
          period, this Court generally is without jurisdiction to entertain           




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011