- 85 - Generally, new issues may not be raised in a Rule 155 computation. Harris v. Commissioner, 99 T.C. at 123. Based upon our examination of the entire record before us, we reject petitioner’s argument that the parties stipulated that a computation under Rule 155 is necessary in order to determine the effect on the respective deficiencies for the years at issue of the tentative refunds that respondent erroneously issued to petitioner for such years. Based on that examination, we further find that petitioner’s motion to vacate advances theories or grounds with respect to positions which petitioner raised for the first time in petitioner’s motion to vacate or which petitioner abandoned before the trial in this case and with respect to which petitioner wants the Court to hold a second trial at which petitioner would introduce new evidence in support of those positions. For the foregoing reasons and the reasons discussed above in connection with the Court’s denial of petitioner’s motion for reconsideration, we shall deny petitioner’s motion to vacate. We have considered all of the contentions and arguments of petitioner and respondent that are not discussed herein, and we find them to be without merit, irrelevant, and/or moot. 55(...continued) overpayment.Page: Previous 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
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