Opinion
3841-20
09-08-2021
Janet T. Martin, Petitioner v. Commissioner of Internal Revenue, Respondent
ORDER
Christian N. Weiler Judge.
On June 11, 2021 this Court entered a stipulated decision submitted by the parties. Pursuant to Rule 162 on September 1, 2021, the parties filed a joint motion seeking leave of court to file a motion to vacate the Court's June 11, 2021 decision.
Unless otherwise noted, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code in effect at all relevant times.
Rule 162 provides that "Any motion to vacate or revise a decision, with or without a new or further trial, shall be filed within 30 days after the decision has been entered, unless the Court shall otherwise permit." (Emphasis added.) Petitioner and Respondent did not file their joint motion to vacate or revise within 30 days after the Court's decision was entered. Therefore, in order for the joint 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), aff'g T.C. Memo. 1987-1; Brookes v. Commissioner, 108 T.C. 1, 7 (1997), WL 1226 (1997).
The Tax Court generally loses jurisdiction over a case once its decision has become final and the time period for appeal has expired. See Sections 7481, 7483. In this case, the time to appeal the Court's June 11, 2021 decision expires on September 9, 2021. Accordingly, the Court retains jurisdiction in this matter and for good cause shown, the Court will exercise its discretion and grant leave to the parties to file their joint motion to vacate the Court's June 11, 2021 decision.
On September 1, 2021, the parties lodged a joint motion to vacate or revise the Court's June 11, 2021 decision, whereby the parties assert that newly discovered evidence supports respondent's concession of an addition to tax included in the original stipulated decision submitted by the parties. Considering the parties' joint motion to vacate the Court's June 11, 2021 decision and for good cause shown, the Court will grant the parties' motion to vacate.
Considering the foregoing, it is
ORDERED that the parties joint motion seeking leave of court to file a motion to vacate the Court's June 11, 2021 decision, filed on September 1, 2021, is granted and the Clerk of the Court is directed to file the parties lodged joint motion to vacate the Court's June 11, 2021 decision as of the date of this Order. It is further
ORDERED that the parties joint motion to vacate the Court's June 11, 2021 decision, filed on September 1, 2021, is granted and the decision entered June 11, 2021 is vacated and set aside. It is further
ORDERED that the parties are to submit a revised stipulated decision or a joint status report (or separate reports if preferred) on or before October 7, 2021.