Albert M. Kun - Page 6

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          jurisdiction), affd. without published opinion 935 F.2d 1282 (3rd           
          Cir. 1991).                                                                 
               Rule 60(a) of the Federal Rules of Civil Procedure provides            
          that “Clerical mistakes in judgments, orders or other parts of              
          the record and errors therein arising from oversight or omission            
          may be corrected by the court at any time of its own initiative             
          or on the motion of any party and after such notice, if any, as             
          the court orders.”  Rule 60(b) provides that, on motion and upon            
          such terms as are just, a court may relieve a party of a final              
          judgment or order for mistake, inadvertence, surprise, or                   
          excusable neglect, newly discovered evidence which by due                   
          diligence could not have been discovered in time to move for a              
          new trial, fraud, or any other reason justifying relief from the            
          operation, or because the judgment is void, or has been                     
          satisfied, released or discharged.                                          
               In this case, petitioner’s motion simply repeats his                   
          argument, made throughout the proceedings, that respondent did              
          not timely assess the liabilities in question.  He relies upon an           
          opinion of the United States Supreme Court in United States v.              
          Galletti, 541 U.S. 114, 124 S. Ct. 1548 (2004), and specifically            
          on language in the opinion to the effect that an assessment must            
          be made within 3 years after the return was filed, sec. 6501(a),            
          and “shall be made by recording the liability of the taxpayer in            
          the office of the Secretary”, sec. 6203.  See id. at ___, 124 S.            






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