Denis Brody and Carol Brody - Page 12

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             the Commissioner mistakenly thought that Mr. Brody held a                
             partnership interest in Thunderbird and did not realize                  
             that Mr. Brody's interest in Thunderbird was based upon his              
             interest in another partnership, BDB.  Petitioners' trial                
             memorandum states as follows:                                            

                       Additional evidence has been submitted to                      
                  the Court to show that the service did not intend                   
                  or know that adjustments to another partnership                     
                  [i.e., BDB] had to be made before the deficiency                    
                  could be imposed upon Petitioners.  The facts and                   
                  evidence show that the I.R.S. did not properly                      
                  prepare the consent, and the deficiency issued is                   
                  not covered by the consent.  [Emphasis deleted.]                    

                  Petitioners cross-motion for summary judgment is                    
             really in the nature of a motion for reconsideration of                  
             our opinion in Brody I.  We find nothing in petitioners'                 
             cross-motion or in petitioners' memorandum in support                    
             thereof that leads us to believe that we erred in Brody I.               
             Petitioners base their cross-motion upon the "new and                    
             additional information" submitted therewith, but they                    
             present no basis for the Court to consider such "new and                 
             additional information".  In Brody I, both parties argued,               
             and the Court found that the consent is clear and                        
             unambiguous and that there was no justification to look to               
             extraneous evidence in order to determine the intent of the              
             parties to the consent.  See, e.g., Woods v. Commissioner,               
             92 T.C. 776 (1989).  Accordingly, in Brody I the Court                   




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