Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 85

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          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.                                                                




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