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Paul J. Sax, Richard E.V. Harris, and Richard A.
Gilbert, for petitioner.
Alan Summers, Kevin G. Croke, and Elizabeth L. Groenewegen,
for respondent.
SUPPLEMENTAL MEMORANDUM OPINION
NIMS, Judge: In a timely filed Motion for Reconsideration
(Motion) pursuant to Rule 161, petitioner requests the Court to
reconsider its Opinion reported as Lucky Stores, Inc., & Subs. v.
Commissioner, 107 T.C. 1 (1996). The Opinion is incorporated
herein by this reference.
Except where otherwise noted, all Rule references are to the
Tax Court Rules of Practice and Procedure. All section
references are to sections of the Internal Revenue Code in effect
for the years in issue.
Reconsideration under Rule 161 serves the limited purpose of
correcting substantial errors of fact or law, and allows the
introduction of newly discovered evidence that the moving party
could not have introduced, by the exercise of due diligence, in
the prior proceeding. Westbrook v. Commissioner, 68 F.3d 868,
879-880 (5th Cir. 1995), affg. per curiam T.C. Memo. 1993-634;
see Estate of Scanlan v. Commissioner, T.C. Memo. 1996-414. The
granting of a motion for reconsideration rests with the
discretion of the Court, and we usually do not exercise our
discretion in the absence of a showing of unusual circumstances
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