Sharina White - Page 7

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          Court shall otherwise permit.”  (Emphasis added.)  Petitioner did           
          not file a motion to vacate or revise within 30 days after the              
          Court’s order of dismissal was entered.  Therefore, in order for            
          her motion to vacate to be considered timely filed, Rule 162                
          required petitioner to file a motion for leave to file a motion             
          to vacate or revise, the granting of which lies within the sound            
          discretion of the Court.  See Rule 162; Heim v. Commissioner, 872           
          F.2d 245, 246 (8th Cir. 1989), affg. T.C. Memo. 1987-1; Stewart             
          v. Commissioner, supra at ___ (slip op. at 5-6); Brookes v.                 
          Commissioner, 108 T.C. 1, 7 (1997).                                         
               Petitioner’s original motion to vacate, which we will treat            
          as a motion for leave to file a motion to vacate, was postmarked            
          and mailed January 25, 2006, 90 days after the Court’s order of             
          dismissal was entered.  The Court rejected petitioner’s original            
          motion for leave, which was mailed on January 25, 2006, because,            
          among other things, it was received by the Court after the case             
          was closed.  Petitioner submitted two subsequent motions for                
          leave, the first of which was denied.  Petitioner asserts in her            
          most recent motion for leave that the Court should have filed her           
          original motion for leave as of January 25, 2006.  In view of our           
          recent opinion in Stewart v. Commissioner, supra, we agree.                 
               Petitioner’s original motion for leave was postmarked and              
          mailed prior to the expiration of the 90-day appeal period.  The            
          timely-mailing/timely-filing provisions of section 7502 apply to            






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