- 14 - the taxpayer files a timely motion to vacate or revise the decision. Fed. R. App. P. 13(a). Pursuant to Rule 162, a motion to vacate or revise a decision must be filed within 30 days after the decision is entered, unless the Court allows otherwise. Petitioners did not file a notice of appeal or a timely motion to vacate or revise the stipulated decision that was entered in this case on May 8, 1987, and the decision became final on August 6, 1987. See secs. 7459(c), 7481(a)(1). As a consequence, petitioners were required to file a motion for leave to file their motion to vacate the stipulated decision entered in their case. Petitioners' assertion that the Court incorrectly denied their motion for leave without first permitting petitioners to file their Motion To Vacate Decision, conduct necessary discovery, and have a hearing, is misconceived. In deciding whether to grant or deny a motion for leave to file a motion to vacate a final decision, it is ordinarily the Court’s practice to consider the merits of the underlying (lodged) Motion To Vacate Decision to determine whether the moving party has alleged sufficient facts to properly question the validity of the decision. See Brannon's of Shawnee, Inc. v. Commissioner, 69 T.C. 999, 1002 (1978); see also Toscano v. Commissioner, 52 T.C. 295, 296 (1969), vacated on another issue 441 F.2d 930 (9th Cir. 1971); Kenner v. Commissioner, 387 F.2d 689, 690-691 (7th Cir.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011