Albert M. Kun - Page 5

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          petitioner’s declaration were filed.  In accordance with our                
          order dated October 15, 2004, respondent submitted a response to            
          petitioner’s motion, which was filed on November 9, 2004.                   
                                     Discussion                                       
               Rule 162 authorizes a party to file a motion to vacate or              
          revise a decision, with or without a new or further trial, within           
          30 days after the decision has been entered, unless the Court               
          shall otherwise permit.  The disposition of a motion to vacate or           
          revise a decision rests within this Court’s discretion.  Vaughn             
          v. Commissioner, 87 T.C. 164, 166-167 (1986).                               
               Although Rule 162 does not articulate any standard by which            
          we evaluate a motion to vacate decision, Rule 1(a) provides                 
          guidance on how to fill the gap:                                            
               Where in any instance there is no applicable rule of                   
               procedure, the Court or the Judge before whom the                      
               matter is pending may prescribe the procedure, giving                  
               particular weight to the Federal Rules of Civil                        
               Procedure to the extent that they are suitably                         
               adaptable to govern the matter at hand.                                
          We have often referred to rule 60 of the Federal Rules of Civil             
          Procedure, and cases applying rule 60, to assist us in resolving            
          issues raised in a motion to vacate decision under Rule 162.                
          See, e.g., Cinema ‘84 v. Commissioner, 122 T.C. 264, 267-268                
          (2004) (involving a final decision); Estate of Miller v.                    
          Commissioner, T.C. Memo. 1994-25 (motion filed within 30 days of            
          decision); Pietanza v. Commissioner, T.C. Memo. 1990-524 (motion            
          filed within 30 days of order dismissing case for lack of                   





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