- 3 - 2004, signed by petitioner and Mr. Friday. On September 13, 2004, the Court entered the stipulated decision. The first page of the decision reflects that there is a deficiency of $4,878 in petitioner’s 1999 Federal income tax and that petitioner is not liable for any additions to tax. Page 2 of the decision states: It is hereby stipulated that the Court may enter the foregoing decision in this case. It is further stipulated that interest will be assessed as provided by law on the deficiency due from petitioner. The above deficiency does not take into account withholding credits of $3,778.00 made for the taxable year 1999 by the petitioner. It is further stipulated that, effective upon the entry of this decision by the Court, petitioner waives the restrictions contained in I.R.C. � 6213(a) prohibiting assessment and collection of the deficiency (plus statutory interest) until the decision of the Tax Court becomes final. The decision bears the signatures of petitioner and Mr. Friday on page 2. Discussion Rule 162 allows a party to file a motion to vacate or revise a decision within 30 days after the decision has been entered, unless the Court “shall otherwise permit” that 30-day period to be extended, but Rule 162 does not provide a standard by which this Court should evaluate a motion to vacate a decision. RulePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011