Benness M. Richards and Jane Richards - Page 15

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          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 Reconsideration                    






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