Edward H. and Anne G. Harrell - Page 5

                                        - 5 -                                         
               On January 22, 2002, respondent issued the Notice of                   
          Determination, which dealt with petitioners’ income tax                     
          liabilities for tax years 1991, 1992, 1993, and 1999.  The Notice           
          of Determination found that collection action by levy was proper            
          and appropriate.  Attached to the Notice of Determination is a              
          memorandum that states, in part:  “The tax liabilities will not             
          be abated as the collection statute was tolled during the period            
          of the prior bankruptcy.”                                                   
                                     Discussion                                       
               Reconsideration under Rule 161 permits us to correct                   
          manifest errors of fact or law, or to allow newly discovered                
          evidence to be introduced that could not have been introduced               
          before the filing of an opinion even if the moving party had                
          exercised due diligence.  See Estate of Quick v. Commissioner,              
          110 T.C. 440, 441 (1998); see also Traum v. Commissioner, 237               
          F.2d 277, 281 (7th Cir. 1956), affg. T.C. Memo. 1955-127.  The              
          granting of a motion for reconsideration rests within the                   
          discretion of the Court, and we do not grant a motion for                   
          reconsideration unless the party seeking reconsideration shows              
          unusual circumstances or substantial error.  See 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); Estate of Halas v. Commissioner, 94 T.C. 570, 573 (1990);            
          Vaughn v. Commissioner, 87 T.C. 164, 166-167 (1986); Estate of              






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011