T.C. Memo. 2004-10
UNITED STATES TAX COURT
ROBERT K. AND DAWN E. LOWRY, Petitioners v.
COMMISSIONER OF INTERNAL REVENUE, Respondent*
Docket No. 11579-00. Filed January 12, 2004.
On a Motion for Reconsideration of Findings or
Opinion and a Motion to Vacate or Revise a Decision,
under, respectively, Rules 161 and 162, Tax Court Rules
of Practice and Procedure, Ps challenge the Court’s
factual and legal conclusions in Lowry v. Commissioner,
T.C. Memo. 2003-225. There, this Court decided that a
conceded gain under sec. 1231, I.R.C., was realized in
1994, and not in 1993, as contended by Ps.
Held: Ps have failed to point to any substantial
errors of fact or law or to present any newly
discovered evidence that could not have been introduced
previously even if Ps had exercised due diligence.
Estate of Quick v. Commissioner, 110 T.C. 440 (1998),
applied. Ps’ Motions will be denied.
*This opinion supplements our previously filed Memorandum
Opinion in Lowry v. Commissioner, T.C. Memo. 2003-225.
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