David and Shirley Singer - Page 54

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          Ordering Relief From the Negligence Penalty and the Penalty Rate            
          of Interest and to File Supporting Memorandum of Law under Rule             
          50.  Petitioners also lodged with the Court a motion for decision           
          ordering relief from the additions to tax for negligence and from           
          the increased rate of interest, with attachments and a memorandum           
          in support of such motion.  Respondent filed an objection, with             
          attachments and a memorandum in support thereof, and petitioners            
          thereafter filed a reply memorandum.  Petitioners argue that they           
          should be afforded the same settlement that was reached between             
          other taxpayers and the IRS in docket Nos. 10382-86 and 10383-86,           
          each of which was styled Miller v. Commissioner.  See Farrell v.            
          Commissioner, T.C. Memo. 1996-295 (denying a motion similar to              
          petitioners' motions); see also Kaliban v. Commissioner, T.C.               
          Memo. 1997-271; Sann v. Commissioner, T.C. Memo. 1997-259;                  
          Friedman v. Commissioner, T.C. Memo. 1996-558; Jaroff v.                    
          Commissioner, T.C. Memo. 1996-527; Gollin v. Commissioner, T.C.             
          Memo. 1996-454; Grelsamer v. Commissioner, T.C. Memo. 1996-399;             
          Zenkel v. Commissioner, T.C. Memo. 1996-398.                                
               Counsel for petitioners seek to raise a new issue long after           
          the trial in this case.  Resolution of such issue might well                
          require a new trial.  Such further trial "would be contrary to              
          the established policy of this Court to try all issues raised in            
          a case in one proceeding and to avoid piecemeal and protracted              
          litigation."  Markwardt v. Commissioner, 64 T.C. 989, 998 (1975);           
          see also Haft Trust v. Commissioner, 62 T.C. 145, 147 (1974).               




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