Case: Motion to Reopen Denied Where No Extraordinary Circumstances Revealed Abuse of Discretion and New Evidence Would Not Change Outcome of the Case (5th Cir.) (IRC §6662)

New evidence must “probably ... change the outcome of the case” in order to meet the U.S. Tax Court’s standard for granting a motion to reopen, the Court of Appeals for the Fifth Circuit held, declining to review the Tax Court’s denial of Taxpayer’s motion to reopen deficiency proceedings. In Taxpayer’s original deficiency proceedings, the Tax Court held that he was liable for penalties based on either negligence or substantial understatement, but the Court of Appeals for the Fifth Circuit denied a portion of the penalties and remanded the case for recomputation. Despite the Tax Court’s determination on remand that ...