- 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 ofPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011