- 9 - unless and until we first grant petitioners' Motion for Leave and then grant petitioners' Motion to Vacate.6 The reasoning that supports our holding is set forth in our prior opinion and will not be repeated herein. See Manchester Group v. Commissioner, T.C. Memo. 1994-604. However, we make mention of several cases that petitioners cite in support of their argument that a motion for litigation costs may be filed at any time before a decision becomes final. We do not think that these cases support such proposition. In each case, it appears that a motion to vacate the decision, or for litigation costs, was mailed or delivered to the Court within 30 days after the entry of the decision, and in no case was there anything to suggest that the taxpayer intentionally delayed submitting an appropriate motion. See Comer v. Commissioner, 958 F.2d 136 (6th Cir. 1992); Cassuto v. Commissioner, 93 T.C. 256 (1989), affd. in part, revd. in part and remanded 936 F.2d 736 (2d Cir. 1991); 6 In Manchester Group v. Commissioner, 113 F.3d 1087, 1089 (9th Cir. 1997), the Court of Appeals did not take issue with our holding that petitioners' Motion for Litigation Costs was not separately reviewable; rather, the Court of Appeals reversed our dismissal for lack of jurisdiction and remanded this case "to decide the motion for leave on the merits." In reaching its conclusion, the Court of Appeals appeared to agree that petitioners' Motion to Vacate cannot be considered without first granting petitioners' Motion for Leave. Thus: "As the Tax Court held, the motion to vacate could not be considered without first granting the motion for leave because more than thirty days had passed." [Id. at 1088.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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