- 29 - Discussion The granting of a motion for reconsideration rests within the discretion of the Court. Estate of Quirk v. Commissioner, 928 F.2d 751, 759 (6th Cir. 1991), affg. in part and remanding in part T.C. Memo. 1988-286; Klarkowski v. Commissioner, 385 F.2d 398, 401 (7th Cir. 1967), affg. T.C. Memo. 1965-328. A motion for reconsideration will be denied unless unusual circumstances or substantial error is shown. Estate of Quirk v. Commissioner, supra at 759; Alexander v. Commissioner, 95 T.C. 467, 469 (1990), affd. without published opinion sub nom. Stell v. Commissioner, 999 F.2d 544 (9th Cir. 1993); Vaughn v. Commissioner, 87 T.C. 164, 167 (1986). Petitioners’ motion for reconsideration fails to address the Court’s holdings in Herbst I that the Court does not have juris- diction over the cases at docket Nos. 9999-00 and 10000-0011 11We note that the respective responses to the Court’s December 3, 2001 Show Cause Orders in the cases at docket Nos. 9999-00 and 10000-00 asserted that “Petitioner does not believe that this Court has jurisdiction.” We further note that attached as an exhibit to the Trust’s motion to vacate in the case at docket No. 9999-00 is, inter alia, an affidavit of Mr. Herbst (Mr. Herbst’s affidavit), allegedly notarized by Mr. Binge. Mr. Herbst’s affidavit states: “At the time of the filing of the Petition, and since the incep- tion of the Trust in the above-captioned matter, I was the Trustee for the Petitioner.” Attached to Mr. Herbst’s affidavit are, according to that affidavit, “true and accurate copies of the originals” of the trust documents pertaining to Herbst Management Trust, which Mr. Herbst alleges in Mr. Herbst’s affidavit “were maintained in my possession until April, 2002." (continued...)Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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