- 5 - legal theories to reach the end result desired by the moving party. See Estate of Quick v. Commissioner, 110 T.C. 440, 441- 442, supplementing 110 T.C. 172 (1998); Stoody v. Commissioner, 67 T.C. 643, 644 (1977), supplementing 66 T.C. 710 (1976). In their motion for reconsideration and motion to vacate, petitioners merely rehash arguments considered and rejected by the Court in Johnson II. When the Court granted petitioners' motion to file reply #1, instead of presenting evidence regarding their net worth, see Estate of Hubberd v. Commissioner, 99 T.C. 335, 341 (1992); Dixson Intl. Serv. Corp. v. Commissioner, 94 T.C. 708, 719 (1990); see also McCoy v. Commissioner, T.C. Memo. 1992-423, petitioners simply provided additional net worth statements that drastically changed the amount claimed to be petitioners' net worth,3 which gave the Court reason to question each statement's veracity. From a review of the record, the Court is still of the opinion that no evidentiary hearing is necessary pursuant to Rule 232 and that petitioners have failed to establish that they met the net worth requirements of section 7430. See Rule 232(a)(2) ("A motion for reasonable litigation or administrative costs ordinarily will be disposed of without a hearing"; emphasis added). 3 The first net worth schedule claimed petitioners' joint net worth was $3,806,248; the second net worth schedule claimed petitioners' joint net worth was ($3,891,976); and the third net worth schedule claimed petitioners' joint net worth was $1,097,312.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011