Vincent Farrell, Jr. And Clotilde Farrell v. Commissioner of Internal Revenue

ARTERTON, District Judge:

The facts of this case present the question of when and how the unique provisions of Rule 91 of the Tax Court’s Rules of Practice and Procedure interplay with Rule 41 of the same, 26 U.S.C. foil. § 7453. The dispute in this case centers on the Tax Court’s'grant of leave to amend the Commissioner’s answer to the taxpayers’ petition for redetermination of a tax deficiency. The taxpayers in this ease, Clotilde Farrell and Vincent Farrell, Jr. (“the Farrells”), maintain that the Tax Court abused its discretion in so granting the leave to amend, arguing that the amendment…