The Manchester Group and Subsidiaries, Formerly Torrey Enterprises, Inc., and Subsidiaries, Formerly Torrey Development Corporation and Subsidiaries - Page 10

                                         - 10 -                                       

          Minahan v. Commissioner, 88 T.C. 492 (1987); Bouterie v.                    
          Commissioner, T.C. Memo. 1993-510, revd. and remanded 36 F.3d               
          1361 (5th Cir. 1994).                                                       
               B. The Interests of Justice                                            
               In the alternative to their argument that their Motion for             
          Litigation Costs is separately reviewable, petitioners argue that           
          we should grant their Motion for Leave.  In this regard,                    
          petitioners argue that "the inadvertent actions of petitioners'             
          counsel should be viewed in light of the lack of specific                   
          guidance in the Tax Court Rules as to when a party should move              
          for litigation costs."  Therefore, according to petitioners,                
          justice would be served by granting their Motion for Leave.  We             
          disagree with both the premise and the conclusion of petitioners'           
               Whether to grant or deny a motion for leave is a matter that           
          lies within the sound discretion of the Court.  Heim v.                     
          Commissioner, 872 F.2d 245, 246 (8th Cir. 1989), affg. T.C. Memo.           
          1987-1; Estate of Egger v. Commissioner, 92 T.C. 1079, 1083                 
          (1989).  In deciding what action to take,                                   
               We are guided primarily by whether it would be in the                  
               interest of justice to vacate the prior decision.  But,                
               we also recognize that litigation must end at sometime.                
               [Estate of Egger v. Commissioner, supra; citation                      
          See also Commissioner v. Estate of Long, 304 F.2d 136, 144 (9th             
          Cir. 1962).                                                                 

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011