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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. Rule
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Last modified: May 25, 2011