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The granting or denial of an opportunity to amend a pleading
is within the discretion of the trial court. See Foman v. Davis,
supra at 182. The Court of Appeals for the Fifth Circuit has
held, however, that rule 15(a) of the Federal Rules of Civil
Procedure “severely restricts” the trial court’s discretion and
“evinces a bias in favor of granting leave to amend.” Dussouy v.
Gulf Coast Inv. Corp., 660 F.2d 594, 597 (5th Cir. 1981). Unless
there is a substantial reason to deny leave to amend, the
discretion of the trial court is not broad enough to permit
denial. Id. at 598. “The types of reasons that might justify
denial of permission to amend a pleading include undue delay, bad
faith or dilatory motive on the part of the movant, repeated
failure to cure deficiencies by amendments previously allowed,
and undue prejudice to the opposing party.” Id. (citations
omitted); see also Pinson v. Commissioner, T.C. Memo. 2000-393.
Respondent argues that we should deny petitioner’s motion
because of undue delay, noting that the motion was filed
approximately 11 months after the amended petition was filed.
See supra note 4. Unless the delay is excessive, however, mere
passage of time need not result in refusal of leave to amend.
Dussouy v. Gulf Coast Inv. Corp., supra (reversing denial of
motion for leave to amend filed 41 days after a party was
dismissed from the case); cf. Russo v. Commissioner, 98 T.C. 28
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