Internal Revenue Code:Rule 155. Computation by Parties for Entry of Decision

From TaxAlmanac

Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      TITLE 26 - APPENDIX
       TITLE XV. - DECISION
     

Statute

    Rule 155. Computation by Parties for Entry of Decision
 
      (a) Agreed Computations: Where the Court has filed or stated its
    opinion determining the issues in a case, it may withhold entry of
    its decision for the purpose of permitting the parties to submit
    computations pursuant to the Court's determination of the issues,
    showing the correct amount of the deficiency, liability, or
    overpayment to be entered as the decision.  If the parties are in
    agreement as to the amount of the deficiency or overpayment to be
    entered as the decision pursuant to the findings and conclusions of
    the Court, then they, or either of them, shall file promptly with
    the Court an original and two copies of a computation showing the
    amount of the deficiency, liability, or overpayment and that there
    is no disagreement that the figures shown are in accordance with
    the findings and conclusions of the Court. In the case of an
    overpayment, the computation shall also include the amount and date
    of each payment made by the petitioner.  The Court will then enter
    its decision.
      (b) Procedure in Absence of Agreement: If, however, the parties
    are not in agreement as to the amount of the deficiency, liability,
    or overpayment to be entered as the decision in accordance with the
    findings and conclusions of the Court, then either of them may file
    with the Court a computation of the deficiency, liability, or
    overpayment believed by such party to be in accordance with the
    Court's findings and conclusions.  In the case of an overpayment,
    the computation shall also include the amount and date of each
    payment made by the petitioner.  The Clerk will serve upon the
    opposite party a notice of such filing accompanied by a copy of
    such computation.  If, on or before a date specified in the Clerk's
    notice, the opposite party fails to file an objection, accompanied
    or preceded by an alternative computation, then the Court may enter
    decision in accordance with the computation already submitted.  If
    in accordance with this Rule computations are submitted by the
    parties which differ as to the amount to be entered as the decision
    of the Court, then the parties may, at the Court's discretion, be
    afforded an opportunity to be heard in argument thereon and the
    Court will determine the correct deficiency, liability, or
    overpayment and will enter its decision accordingly.
      (c) Limit on Argument: Any argument under this Rule will be
    confined strictly to consideration of the correct computation of
    the deficiency, liability, or overpayment resulting from the
    findings and conclusions made by the Court, and no argument will be
    heard upon or consideration given to the issues or matters disposed
    of by the Court's findings and conclusions or to any new issues.
    This Rule is not to be regarded as affording an opportunity for
    retrial or reconsideration.