Legal Opinion

Cloes v. Commissioner

United States Tax Court

Decided November 23, 1982No. Docket No. 9971-80Published

Petitioners submitted a Rule 155 computation which sought to raise issues covered neither in the pleadings nor at the trial, most significantly the right to income average. In connection therewith, petitioners filed an application for Rule 155 hearing, a "Supplemental Statement in Support of Previously Submitted Rule 155 Computation," and a "Motion for Leave to Amend Petition." Held: Petitioners' motions for a Rule 155 hearing and to amend their petition will be denied.

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Petitioners submitted a Rule 155 computation which sought to raise issues covered neither in the pleadings nor at the trial, most significantly the right to income average. In connection therewith, petitioners filed an application for Rule 155 hearing, a "Supplemental Statement in Support of Previously Submitted Rule 155 Computation," and a "Motion for Leave to Amend Petition." Held: Petitioners' motions for a Rule 155 hearing and to amend their petition will be denied. The issues raised by petitioners, particularly the claim in respect of income averaging, constitute new issues which may not…

1Opinion of the Court

Glenn D. Cloes and Michal Cloes, Petitioners v. Commissioner of Internal Revenue, Respondent

Cloes v. Commissioner

Docket No. 9971-80

United States Tax Court

79 T.C. 933; 1982 U.S. Tax Ct. LEXIS 14; 79 T.C. No. 57;

November 23, 1982, Filed

Decision will be entered under Rule 155 in accordance with respondent's computation.

Petitioners submitted a Rule 155 computation which sought to raise issues covered neither in the pleadings nor at the trial, most significantly the right to income average. In connection therewith, petitioners filed an application for Rule 155 hearing, a "Supplemental Statement in…

2Cases cited11 opinions

  1. Cloes v. CommissionerUnited States Tax Court · 1982
  2. Hosking v. CommissionerUnited States Tax Court · 1974
  3. Baruch v. CommissionerUnited States Tax Court · 1948
  4. Commissioner of Internal Revenue v. WellsCourt of Appeals for the Sixth Circuit · 1942
  5. Mannette v. CommissionerUnited States Tax Court · 1978

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