- 15 - 1968); Campbell v. Commissioner, T.C. Memo. 1988-105. However, the disposition of a motion for leave to file a motion to vacate or revise a decision 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. In the present case, the Court thoroughly considered the arguments contained in petitioners' supporting Memorandum of Points and Authorities as reflected in the detailed analysis set forth in the Court's Memorandum Opinion in Richards I. Specifically, based upon petitioners' clear reliance on Scar v. Commissioner, supra, the Court analyzed the controlling case law, applied the law to the relevant facts, and concluded that the notice of deficiency issued to petitioners is valid. Implicit in the Court's analysis is the determination that petitioners failed to allege sufficient facts to properly question our jurisdiction to enter the stipulated decision in this case. Brannon's of Shawnee, Inc. v. Commissioner, supra. Petitioners also complain that they were not timely served with respondent's Response to their motion for leave, and that the Court denied their motion for leave without first allowing them to reply thereto. Any prejudice to petitioners occasioned by the delay in service of respondent's Response, which was made in accordance with Rule 21(b), has been obviated by our consideration of petitioners' Motion for ReconsiderationPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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