Michael H. Johnson and Patricia E. Johnson - Page 5




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          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.                                                                 




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