Benness M. Richards and Jane Richards - Page 13

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               In an order dated April 11, 1997, the Court directed                   
          respondent to file a response to petitioners' motion, while                 
          allowing Robert Patrick Sticht, Esq. (Mr. Sticht), counsel for              
          non-test-case taxpayers participating in the Dixon evidentiary              
          hearing, and Joe Alfred Izen, Jr., Esq. (Mr. Izen), counsel for             
          test-case and non-test-case taxpayers participating in the Dixon            
          evidentiary hearing, to file a response to petitioners' motion in           
          their discretion.                                                           
               On May 12, 1997, respondent filed a response in opposition             
          to petitioners' Motion for Reconsideration with attached Motion             
          To Consolidate.                                                             
               On May 30, 1997, pursuant to the Court’s order dated                   
          April 11, 1997, Mr. Sticht filed a response in opposition to                
          petitioners' motion insofar as petitioners seek to have their               
          case consolidated with the Dixon group of cases.  Mr. Izen did              
          not file a response to petitioners' motion.                                 

          Discussion                                                                  

          1.   Petitioners' Motion for Leave To File Motion To Vacate                 
               Decision                                                               
               Section 7481(a)(1) provides the general rule that a decision           
          of the Tax Court becomes final upon expiration of the time to               
          file a notice of appeal.  Section 7483 provides that a notice of            
          appeal generally must be filed within 90 days after a decision is           
          entered.  However, the 90-day appeal period may be extended if              





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