- 11 - In the present case, justice does not demand that we grant petitioners' Motion for Leave. First, we disagree with the assertion that the actions of petitioners' counsel were "inadvertent". Rather, the record clearly demonstrates that petitioners' counsel intentionally delayed submitting petitioners' various motions until the eve of the expiration of the 90-day period that typically leads to the finality of a stipulated decision. Petitioners' counsel intentionally delayed submitting the motions for what he regarded as strategic reasons. Thus, it cannot be said that the actions of petitioners' counsel were "inadvertent". Second, we disagree that our Rules lack specific guidance regarding the time when a claim for litigation costs should be made. We have previously discussed at length the provisions of our Rules regarding the time and manner of making a claim for litigation costs, see Manchester Group v. Commissioner, T.C. Memo. 1994-604, and we will not repeat that discussion herein.7 Suffice it to say that petitioners' counsel should not have waited to file the instant motions until the 89th day after the entry of the stipulated decision if he did not intend it to be conclusive as to litigation costs. Rather, when respondent 7 Cf. Abatti v. Commissioner, 859 F.2d 115, 119 (9th Cir. 1988) (holding that a taxpayer's misunderstanding of the Tax Court's Rules is insufficient to overcome the doctrine of finality).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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