Western Management, Inc. - Page 7

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          13, 1991, was not appealed, and became final 30 days later.                 
          Legislation purporting to authorize the reopening of that final             
          judgment and the reinstatement of the complaint was signed into             
          law by the President on December 19, 1991.  The Supreme Court               
          held that the retroactive legislation was unconstitutional to the           
          extent it required Federal courts to reopen judgments that became           
          final before its enactment.  Plaut v. Spendthrift Farm, supra.              
               Plaut is distinguishable because the amendment to section              
          7436 does not require the reopening of judgments which had become           
          final prior to the amendment’s enactment.  Cf. Plaut v.                     
          Spendthrift Farm, supra at 214-217.  Vacating the order was                 
          within our authority and consistent with the amendment and its              
          effective date.  See sec. 7436(a).  Moreover, our judgment in               
          this case is not yet final.  See sec. 7481(a); Rule 190(a).                 
          Consequently, Plaut is inapplicable.  Accordingly, this Court’s             
          decision to vacate its October 14, 1999, order was proper.                  
          Neely v. Commissioner, 116 T.C. 79, 84 n.6 (2001).                          
               B.   Notice of Determination                                           
               Petitioner contends that the notice of determination is                
          invalid because “the unexplained arrows and rounding of * * *               
          [the amounts used to determine the deficiencies] indicate                   
          vagueness.”  Challenges regarding the validity of a notice of               
          determination are analogous to such challenges to a notice of               
          deficiency.  Henry Randolph Consulting v. Commissioner, 113 T.C.            






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