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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
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