- 8 - Cir. 1989); Abeles v. Commissioner, 90 T.C. 103, 105-106 (1988); Brannon's of Shawnee, Inc. v. Commissioner, 71 T.C. 108, 111-112 (1978), or if the decision was obtained through fraud upon the Court; see Abatti v. Commissioner, 859 F.2d 115 (9th Cir. 1988), affg. 86 T.C. 1319 (1986); Senate Realty Corp. v. Commissioner, 511 F.2d 929, 931 (2d Cir. 1975); Stickler v. Commissioner, 464 F.2d 368, 370 (3d Cir. 1972); Casey v. Commissioner, T.C. Memo. 1992-672. In addition, some courts have indicated that the Tax Court has the power in its discretion, in extraordinary circumstances, to vacate and correct a final decision where it is based upon a mutual mistake of fact, see La Floridienne J. Buttgenbach & Co. v. Commissioner, 63 F.2d 630 (5th Cir. 1933).4 On the other hand, the Court of Appeals for the Eighth Circuit has adopted the more restrictive view that the Tax Court lacks general equitable powers, and, therefore, that this Court lacks the authority to vacate or revise an otherwise final decision. See Webbe v. Commissioner, 902 F.2d 688, 689 (8th Cir. 1990), affg. T.C. Memo. 1987-426; see also Heim v. Commissioner, supra at 249 (Lay, C.J., concurring). 4 Although the U.S. Court of Appeals for the Sixth Circuit cited mutual mistake of fact as a grounds for vacating a final decision of this Court in Reo Motors, Inc. v. Commissioner, 219 F.2d 610 (6th Cir. 1955), the Sixth Circuit recently concluded that Reo Motors, Inc. was effectively overruled by virtue of the Supreme Court's affirmance of Lasky v. Commissioner, 235 F.2d 97 (9th Cir. 1956), affd. per curiam 352 U.S. 1027 (1957). See Harbold v. Commissioner, 51 F.3d 618, 621-622 (6th Cir. 1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011