- 6 - Nor has the estate offered newly discovered evidence, or shown that there were unusual circumstances which warrant relief. The estate has merely restated the proposed facts and argument set forth in the opening brief and reply brief that we rejected. Interlocutory Appeal This Court may certify an interlocutory order for an immediate appeal if we conclude that (1) a controlling question of law is involved, (2) substantial grounds for a difference of opinion are present, and (3) an immediate appeal may materially advance the ultimate termination of the litigation. Sec. 7482(a)(2); Gen. Signal Corp. v. Commissioner, 104 T.C. 248 (1995), affd. on other grounds 142 F.3d 546 (2d Cir. 1998); Kovens v. Commissioner, 91 T.C. 74 (1988), affd. without published opinion 933 F.2d 1021 (11th Cir. 1991). If any one of the three requirements is not satisfied, the estate’s request for certification must be denied. Gen. Signal Corp. v. Commissioner, supra; Kovens v. Commissioner, supra. Additionally, we note that certification of interlocutory orders is granted only in exceptional circumstances. Gen. Signal Corp. v. Commissioner, supra; Kovens v. Commissioner, supra. The U.S. Court of Appeals for the Second Circuit, to which an appeal of this case would lie, has stated that only exceptional circumstances justify a departure from the basic policy of postponing appellate review until after the entry of aPage: Previous 1 2 3 4 5 6 7 8 Next
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