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Bailly v. Commissioner, 81 T.C. 949, 951 (1983). Reconsideration
is not the appropriate forum for rehashing previously rejected
legal arguments or tendering new legal theories to reach the end
result desired by the moving party. See Estate of Quick v.
Commissioner, supra at 441-442; Stoody v. Commissioner, 67 T.C.
643, 644 (1977).
Respondent’s main contention in support of his motion for
reconsideration is that this Court was ambiguous in Harrell v.
Commissioner, T.C. Memo. 2003-271, as to whether the issuance of
the Notice of Determination, without awaiting the Supreme Court’s
opinion in Young v. United States, 535 U.S. 43 (2002), was an
abuse of discretion. For the sake of clarity, we deem it
necessary to discuss our rationale in greater detail than we did
previously.
As of January 22, 2002, the date of the Notice of
Determination upon which this case is based, the Supreme Court
had not as yet decided Young, which had been argued on January 9,
2002, but was not decided until March 4, 2002. In this case, the
Supreme Court held that the 3-year lookback period in bankruptcy
cases is automatically tolled during the pendency of an earlier
proceeding under the Bankruptcy Code.
In Harrell v. Commissioner, supra, we stated that we were
“reluctant to label respondent’s issuance of the Notice of
Determination an abuse of discretion based upon a somewhat
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