- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011