Lucky Stores, Inc. and Subsidiaries - Page 2

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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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