- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
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