Cluster 472556

See Campbell, 897 F.2d at 1320-21 (disregarding an abusive tax promoter’s transactions because they lacked economic substance); United States v. Philatelic Leasing, Ltd., 794 F.2d 781, 786 (2d Cir.1986) (same).

See Campbell, 897 F.2d at 1320–21 (disregarding an abusive tax promoter's transactions because they lacked economic substance); United States v. Philatelic Leasing, Ltd., 794 F.2d 781, 786 (2d Cir. 1986) (same).

See Central States, S.E. and S.W., 69 F.3d at 1314 (agreeing with Johnson’s conclusion that a “litigant relying on new evidence as a reason to alter a judgment must demonstrate that the evidence could not have been obtained, in time, by diligent preparation,” thus refusing to extend the Ferrell approach to Rule 60(b)(2) and “insisting that Rule 60(b)(2) be applied according to its text”); U.S. v. Philatelic Leasing, Ltd., 794 F.2d 781, 788 (2d Cir.1986) (refusing to substitu…

FED.R.CIV.P. 60 advisory committee's note. 2 See, e.g., Shook & Fletcher Insulation Co. v. Central Rigging & Contracting Corp., 684 F.2d 1383 , 1385 n. 2 (11th Cir.1982) (interpreting both Ferrell and Johnson Waste as allowing a judgment to be reopened where newly discovered evidence is "practically conclusive," even if not obtained by due diligence); United States v. Philatelic Leasing, Ltd., 794 F.2d 781, 788 (2d Cir.1986) (same interpretation of Ferrell ); Niedland v. Uni…

Accordingly, and in light of the general rule that litigants must bear the consequences of their attorneys' tactical decisions, including decisions regarding which evidence to present, see United States v. Philatelic Leasing, Ltd., 794 F.2d 781, 788 (2d Cir.1986), we decline to order the Secretary to consider the additional evidence at issue here.

See Bowsher v. Synar, 478 U.S. 714, 721 , 106 S.Ct. 3181, 3186 , 92 L.Ed.2d 583 (1986); Bethune Plaza, Inc. v. Lumpkin, 863 F.2d 525, 531 (7th Cir.1988) 1 See also, e.g., United States v. Philatelic Leasing Ltd., 794 F.2d 781, 788 (2d Cir.1986) (citing Ferrell; noting that "even though proper diligence is not employed to secure evidence for use at trial the ends of justice may require the granting of a new trial to present new evidence in certain limited instances"); Shook &…

See United States v. Ingredient Technology Corp., supra, 698 F.2d at 94 ; United States v. Philatelic Leasing, Ltd., 794 F.2d 781, 786 (2d Cir.1986).

See, e.g., Frank Lyon, 435 U.S. at 584 , 98 S.Ct. at 1304 ; Knetsch v. United States, 364 U.S. 361, 365-366 , 81 S.Ct. 132, 134-35 , 5 L.Ed.2d 128 (1960); United States v. Philatelic Leasing, Ltd., 794 F.2d 781, 786 (2d Cir.1986); Rice’s Toyota World, Inc. v. Commissioner, 752 F.2d 89, 91-92 (4th Cir.1986).

See United States v. Philatelic Leasing Ltd., 601 F.Supp. 1554, 1565-66 (S.D.N.Y.1985), aff'd, 794 F.2d 781 (2d Cir.1986) (“[W]here a' party withholds (or seeks to suppress) relevant evidence within its control, the court may conclude that such evidence would be harmful to the party’s cause.”); Quinn v. Syracuse Model Neighborhood Corp., 613 F.2d 438, 445 (2d Cir.1980) (“showing [of party opposing summary judgment] appears stronger still in light of defendants’ successful ef…

See United States v. Philatelic Leasing, Ltd., 601 F.Supp. 1554, 1565 (S.D.N.Y.1985), aff'd 794 F.2d 781 (2d Cir.1986) (“when a litigating party resorts to ‘falsehood or other fraud’ in trying to establish a position, the court may conclude the position to be without merit and that the relevant facts are contrary to those asserted by the party”); see also 2 WIGMORE ON EVIDENCE § 278 (Chadbourn rev.1979) (“It has always been understood — the inference, indeed, is one of the s…

See United States v. Philatelic Leasing, Ltd., 601 F.Supp. 1554, 1565 (S.D.N.Y.1985), aff'd 794 F.2d 781 (2d Cir.1986) ("when a litigating party resorts to falsehood or other fraud in trying to establish a position, the court may conclude the position to be without merit and that the relevant facts are contrary to those asserted by the party”); 2 Wigmore on Evidence § 278 (Chadboum rev. 1979) (“It has always, been understood— the inference, indeed, is one of the simplest in …

See United States v. Philatelic Leasing Ltd., 794 F.2d 781, 786 (2d Cir.1986) (“[T]he Government, upon determining that the form employed in a transaction is unreal or a sham, can ‘sus *1524 tain or disregard the effect of the fiction as best serves the purposes of the tax statute.’ ”) (quoting Higgins v. Smith, 308 U.S. 473, 477 , 60 S.Ct. 355, 357 , 84 L.Ed. 406 (1940)).

See Philatelic Leasing, 794 F.2d at 783 .

See Philatelic Leasing, 794 F.2d at 783 .

Compare Music Masters and United States v. Philatelic Leasing, 83 Civ. 4432 (S.D.N.Y.1985) (unpublished), 8 aff' d, 794 F.2d 781 (2d Cir.1986), with Buttorff and United States v. White, 583 F.Supp. 1118 (D.Minn.1984), aff'd, 769 F.2d 511 (8th Cir.1985).

See also, e.g., United States v. Philatelic Leasing Ltd., 794 F.2d 781, 788 (2d Cir.1986) (citing Ferrell ; noting that “even though proper diligence is not employed to secure evidence for use at trial the ends of justice may require the granting of a new trial to present new evidence in certain limited instances”); Shook & Fletcher Insulation Co. v. Central Rigging & Contracting Corp., 684 F.2d 1383 , 1385-86 n. 2 (11th Cir.1982); Niedland v. United States, 338 F.2d 254, 26…