- 3 - (1) Whether we should exercise our discretion and grant petitioners' Motion for Leave (and thereby file petitioners' Motion to Vacate); and, if so, (2) whether we should grant petitioners' Motion to Vacate.3 Neither party requested an evidentiary hearing, and the Court concludes that such a hearing is not necessary for the proper disposition of petitioners' Motion for Leave and Motion to Vacate. We therefore decide the matter before us based on the record that has been developed to date. Petitioners' principal place of business was in San Diego, California, at the time that the petition was filed with the Court. Background In June 1992, respondent sent petitioners a notice of deficiency. In the notice, respondent determined the following deficiency and additions to tax in petitioners' consolidated income tax for the taxable year ended March 31, 1986: Additions to tax Deficiency Sec. 6653(a)(1) Sec. 6653(a)(2) Sec. 6661(a) $14,458,059 $722,903 1 $3,614,515 1 50% of the interest due on $14,458,059. 3 Although only petitioner's Motion for Leave is presently before the Court, petitioners' Motion to Vacate is essentially identical to petitioners' Motion for Leave.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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