Estate of Lucille Abbott Sexton, Deceased, Ann Sexton Peterson, Executor - Page 11




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          fees under his consulting contract totaled $18,250--$2,000 of               
          which was for his attendance at the optional closing conference             
          between respondent’s personnel and the taxpayer’s representative            
          in the McGuire Partners case.  Mr. Harkavy was not requested to             
          testify as an expert witness in connection with his opinion on              
          the McGuire Partners case.                                                  
                                       OPINION                                        
               In this case, the estate sought leave to move to vacate                
          decisions entered by the Court based on an agreement of the                 
          parties.  In that regard, the estate’s motions were filed after             
          the 30-day period permitted for moving to vacate a decision                 
          without leave of the Court under Rule 162.5  The Court permitted            
          the estate’s motions to vacate to be filed on the 90th day from             
          the entry of decision.  Accordingly, regardless of whether the              
          parties stipulated the decisions or whether the agreed decision             
          had been approved and entered by the Court, it had not become               
          final within the meaning of section 7481.                                   
               The estate contends that the decisions are flawed and should           
          be vacated because the estate’s representative had a conflict of            
          interest and because the estate, if permitted to litigate, would            
          be successful in substantially reducing the estate tax deficiency           


               5 Unless specified otherwise, all Rule references are to the           
          Tax Court Rules of Practice and Procedure, and all section                  
          references are to the Internal Revenue Code in effect for the               
          period under consideration.                                                 





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