- 3 - motion, Stoody v. Commissioner, 67 T.C. 643, 644 (1977), or to hear arguments that could have been made before the filing of an opinion, Estate of Trenchard v. Commissioner, T.C. Memo. 1995- 232. Moreover, as we observed in Koufman v. Commissioner, 69 T.C. 473, 476-477 (1977): This Court has an extraordinarily heavy volume of cases, and in many of them, the Court decides an issue against one of the parties because of his failure to carry his burden of proof or to perform some other act. If the Court granted a second chance to every party who lost because of his failure to act in some manner, the Court clearly could not keep abreast of its work. In effect, we would be telling the parties that if they were not satisfied with the first decision, try again. However, on previous occasions, we have denied a peti- tioner's motion to vacate the decision and reconsider the opinion where the only basis for these motions was the petitioner's unexcused failure to raise certain issues earlier. * * * Similarly, in denying the taxpayers' motion for reconsideration in Long v. Commissioner, 71 T.C. 724, 727 (1979), remanded on another issue 660 F.2d 416 (10th Cir. 1981), we observed: A party is entitled to have his day in court; both parties are entitled to this, but neither party is entitled to have more than one fair, reasonable oppor- tunity to establish his claim or defense. To allow more would be to protract litigation to the extent which would preclude the administration of justice. [Selwyn Operating Corp. v. Commissioner, 11 B.T.A. 593, 595 (1928).] The parties cannot try their cases with hind- sight. By way of background, we shall restate certain of the findings and conclusions in our Opinion that are pertinent to our consideration of the respective motions for reconsideration ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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