- 7 - that, even if they were, petitioners have not shown that they are entitled to the relief that they seek under that rule. We agree with respondent. Based on our review of the entire record before us, we find that petitioners have failed to show that the decision entered in this case is the result of fraud on the Court or any other situation that warrants our exercise of our discretion under Rule 162 to grant petitioners' motion. We also reject petitioners' argument relating to rule 60(b) of the Federal Rules of Civil Procedure. Assuming arguendo that all of the reasons specified in that rule were criteria that this Court may apply in deciding whether petitioners' motion should be granted, on the record before us, petitioners have failed to establish that they are entitled to relief under rule 60(b) of the Federal Rules of Civil Procedure. In this connection, the record does not establish as facts petitioners' contentions that they did not have information with respect to certain claimed interest expense deductions for their taxable years 1981, 1982, and 1983 until March 1997, when respondent provided petitioners with final interest calculations, or that they could not have discovered such information prior to that time. Nor does the record show that petitioners could not have included as part of the stipulation of settlement with respondent provisions relating to whether they are entitled to interest expense deductions for those taxable years.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011