- 3 - had expired. Specifically, petitioners maintain that the U.S. Postal Service failed to deliver the decision in docket No. 37669-85 that the Clerk had served on Mr. Manley. They further maintain that Mr. Self failed to inform them that he had been served with the decision in docket No. 38099-85.2 Petitioners conclude that their ability to appeal the decisions at issue in this case should not be impaired simply because the U.S. Postal Service maintains an erratic delivery service, and because Mr. Self was irresponsible in failing to advise them of his receipt of the decision in docket No. 38099-85. Discussion Petitioners desire to file a pair of motions to vacate the decisions of this Court in docket Nos. 37669-85 and 38099-85. Their objective is to have the decisions vacated and immediately reentered so that they may file a timely notice of appeal for each decision. Absent a timely notice of appeal, a decision of the Court becomes final upon the expiration of 90 days after the decision is entered. Secs. 7481(a)(1), 7483.3 To be timely, a notice of appeal ordinarily must be filed within such 90-day period. Sec. 2Petitioners contend that Mr. Self has not been involved in this case since 1987, and that he failed to "formally" withdraw as their counsel of record. 3Unless otherwise indicated, section references are to the Internal Revenue Code applicable to the year at issue, and Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011