Virginia M. Marten - Page 5




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          exercised due diligence.  See Rothwell Cotton Co. v. Rosenthal &            
          Co., 827 F.2d 246, 251 (7th Cir. 1987); see also Traum v.                   
          Commissioner, 237 F.2d 277, 281 (7th Cir. 1956), affg. T.C. Memo.           
          1955-127.  The Court will not grant a motion to reconsider unless           
          the party seeking reconsideration shows unusual circumstances or            
          substantial error.  See Alexander v. Commissioner, 95 T.C. 467,             
          469 (1990); Estate of Halas v. Commissioner, 94 T.C. 570, 574               
          (1990); Vaughn v. Commissioner, 87 T.C. 164, 166-167 (1986);                
          Estate of Bailly v. Commissioner, 81 T.C. 949, 951 (1983); Haft             
          Trust v. Commissioner, 62 T.C. 145, 147 (1974), affd. on this               
          issue 510 F.2d 43, 45 n.1 (1st Cir. 1975).                                  
               From a review of the record and legal authority, we are                
          still convinced that our opinion in Marten I was decided                    
          correctly.  For sake of completeness, however, we address our               
          decision in Wright v. Commissioner, supra, and distinguish it.              
          Further, we address Ms. Marten’s judicial estoppel argument and             
          conclude that this is not a proper case for the application of              
          the doctrine.                                                               
               Pre-DEFRA section 71 includes in the gross income of a                 
          divorced wife (1) periodic payments (2) received by her (3) in              
          discharge of the husband’s legal obligation based on the martial            
          or family relationship (4) incurred under a divorce decree or               
          settlement agreement incident to such decree.  See Brodersen v.             
          Commissioner, 57 T.C. 412, 415-416 (1971).  In Marten I, we held            






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