- 4 - previously rejected arguments or tendering new legal theories to reach the end desired by the moving party. See CWT Farms, Inc. v. Commissioner, 79 T.C. 1054, 1057 (1982), affd. 755 F.2d 790 (11th Cir. 1985); Stoody v. Commissioner, 67 T.C. 643 (1977); Estate of Trenchard v. Commissioner, T.C. Memo. 1995-232. Petitioner's motion and related filings do not establish any unusual circumstance or substantial error with respect to Dynadeck Rotary Sys. v. Commissioner, supra. Thus, petitioner is not within the general rules for reconsideration of a Memorandum Opinion. Petitioner has also not persuaded us that the Partnership’s case requires us to depart from these general rules. In his trial brief, petitioner argued that the Corporation received the $400,000 as the Partnership’s agent. For the reasons stated in Dynadeck Rotary Sys. v. Commissioner, supra, we disagreed with that argument. Petitioner now asks us to reconsider and accept that argument. We refuse to do so. Petitioner has not presented any persuasive reason why we should reconsider or change Dynadeck Rotary Sys. v. Commissioner, supra.1 To the extent that petitioner had wanted either to 1 Petitioner’s motion relies, in part, on a document that petitioner attached to his posttrial brief. The document is entitled “Declaration of Martin N. Lettunich” and contains Mr. Lettunich’s assertions as to his understanding of the events surrounding the $400,000 debt. We did not and do not consider that document (or the assertions stated therein) as evidence. See Rule 143(b); see also Beecroft v. Commissioner, T.C. Memo. (continued...)Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011