Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 3

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          codified at sections 6221 through 6233.  Estate of Quick v.                 
          Commissioner, supra at 187-189.                                             
               In their Motion, petitioners allege that our conclusion that           
          the section 469 issue is an affected item within the meaning of             
          section 6231(a)(5) and accompanying regulations is incorrect as a           
          matter of law.  Petitioner's Motion further alleges that, even if           
          the section 469 issue is an affected item, the Court nevertheless           
          should have ordered respondent to refund overpayments of taxes              
          paid for 1989 and 1990, as well as overpayments for 1987 and                
          1988, based on the "proper" computational adjustments to                    
          petitioners' returns which respondent should have made after the            
          conclusion of the partnership level proceeding.  Lastly,                    
          petitioners' Motion alleges that we inconsistently decided that             
          the section 469 issue constitutes an affected item for 1989 and             
          1990 but is not an affected item for 1987 and 1988.  Respondent             
          has filed an objection to petitioners' Motion, together with a              
          supporting memorandum of law.                                               
               Reconsideration under Rule 161 serves the limited purpose of           
          correcting substantial errors of fact or law and allows the                 
          introduction of newly discovered evidence that the moving party             
          could not have introduced, by the exercise of due diligence, in             
          the prior proceeding.  Westbrook v. Commissioner, 68 F.3d 868,              
          879-880 (5th Cir. 1995), affg. per curiam T.C. Memo. 1993-634;              
          see Lucky Stores, Inc. v. Commissioner, T.C. Memo. 1997-70;                 
          Estate of Scanlan v. Commissioner, T.C. Memo. 1996-414.  The                




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