Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 76

                                       - 76 -                                         
          decision in Transport Labor I should be vacated or revised,                 
          petitioner incorporates by reference the arguments in                       
          petitioner’s motion for reconsideration and advances the                    
          following additional arguments:  (1) The Court’s decision in                
          Transport Labor I did not allow the parties an opportunity to               
          submit computations under Rule 155 to show the correct amount of            
          the respective deficiencies for the taxable years at issue;                 
          (2) the Court’s decision failed to reduce the amounts subject to            
          the section 274(n)(1) limitation pursuant to section 274(e)(3)              
          (petitioner’s section 274(e)(3) argument); and (3) the Court’s              
          decision did not reduce the respective deficiencies in                      
          petitioner’s tax for the years at issue by certain amounts of tax           
          allegedly paid by certain trucking company clients for those                
          years (petitioner’s tax duplication argument).  Respondent                  
          disagrees with petitioner’s position.                                       
               A motion to vacate or revise a decision pursuant to Rule 162           
          is granted at the Court’s discretion.  We have rejected                     
          petitioner’s arguments in support of petitioner’s motion for                
          reconsideration.  We also reject those arguments in support of              
          petitioner’s motion to vacate.  Our discussion of petitioner’s              
          motion to vacate will address only the additional arguments that            
          petitioner advances in that motion.                                         
               A motion to vacate or revise a decision pursuant to Rule 162           
          is usually denied in a case where the moving party attempts to              






Page:  Previous  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  Next

Last modified: May 25, 2011