- 14 - Commissioner, T.C. Memo. 2002-285. Therefore, Mr. Leiba’s failure to inform petitioner that she could seek relief under subsection (c) is insufficient to overcome the bar of res judicata. Petitioner’s counsel contends that a month before Mr. Pacheco’s death, petitioner and Mr. Pacheco had “definitively settled” the taxes for 1995 and 1996 with RA Lunny. On April 25, 2000, RA Lunny completed the tax examination report, and the file was sent to the Appeals Office. Petitioner’s counsel argues that the prior proceeding effectively concluded at the point when the file left RA Lunny’s office. Therefore, petitioner did not have an opportunity to raise relief under subsection (c) in the prior proceeding. RA Lunny testified that his role was to make recommendations, and it was up to the Appeals Office to “make the final call” on whether to accept them. The Court, after reviewing the evidence presented by petitioner and respondent, agrees with respondent that the prior proceeding was not final at the time the file left RA Lunny’s office. Petitioner could have raised relief under subsection (c) in the prior proceeding at any time between Mr. Pacheco’s death on May 22, 2000, and the entry of the decision document on June 29, 2000. Even after the decision has been entered, under Rule 162, petitioner could have moved to vacate the decision within 30 daysPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007