- 4 - 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.Page: Previous 1 2 3 4
Last modified: May 25, 2011