- 20 - The granting of a motion for reconsideration rests within the discretion of the Court. Estate of Quirk v. Commissioner, 928 F.2d 751, 759 (6th Cir. 1991), affg. in part and remanding in part T.C. Memo. 1988-286; Klarkowski v. Commissioner, 385 F.2d 398, 401 (7th Cir. 1967), affg. T.C. Memo. 1965-328; see Con- cordia Coll. Corp. v. W.R. Grace & Co., 999 F.2d 326, 330 (8th Cir. 1993). A motion for reconsideration will be denied unless unusual circumstances or substantial error is shown. Estate of Quirk v. Commissioner, supra; Alexander v. Commissioner, 95 T.C. 467, 469 (1990), affd. without published opinion sub nom. Stell v. Commissioner, 999 F.2d 544 (9th Cir. 1993); Vaughn v. Commissioner, 87 T.C. 164, 167 (1986). With respect to petitioner’s argument that the Court incor- rectly concluded that respondent impeached the testimony of Mr. Ankerfelt, petitioner asserts: The Opinion incorrectly concluded that Gary Ankerfelt’s credibility was impeached because the affidavit he submitted in a workers’ compensation case involving Hix Trucking, a TLC customer, was contrary to his testimony at trial. A witness may be impeached only by a prior inconsistent statement. Here, however, Mr. Ankerfelt made no prior inconsistent statement; his testimony was consistent with his prior statement. * * * In any event, Mr. Ankerfelt’s testimony was credible; his testimony on every point was corroborated by other witnesses. On the record before us, we reject petitioner’s argument. At the trial in this case, Mr. Ankerfelt testified with respect to TLC’s role in hiring, firing, and assigning projectsPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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