- 2 - 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 circumstancesPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011