Gary B. and Kathleen Mitchell - Page 4

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                  The pleadings, motions, other pretrial documents, and trial                           
            record are without reference to the question of whether                                     
            petitioners included the renovations in their computation of the                            
            cost of their new residence on their tax return.  This question                             
            did not arise until petitioners first mentioned it in their                                 
            posttrial reply brief and again in their Rule 155 computation.                              
            Petitioners’ attempt to raise a new matter or create a fact                                 
            controversy at either juncture of the proceeding is both                                    
            inappropriate and untimely.  Petitioners are not permitted to                               
            raise questions concerning fact findings during the Court’s Rule                            
            155 process.  Southern Pac. Transp. Co. v. Commissioner, 82 T.C.                            
            122, 127 (1984).                                                                            
                  To reflect the foregoing,                                                             
                                                       Decision will be entered in                      
                                                accordance with respondent’s                            
                                                computation.                                            











                  2(...continued)                                                                       
            reconsideration of findings or opinion under Rule 161, either                               
            within or without the 30-day limit of that Rule.                                            




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Last modified: May 25, 2011