Sharon E. Backstrom, Harold J. and Zelma G. Barbret, Virginia Boland, John A. and Theresa A. Cislaghi, Estate of Roger W. Dornbrock, Gary E. and Beverly G. Engel, Hermann K. and Helen W. Enzmann, - Page 21

                                       - 21 -                                         

          instead, is that she failed in her duties as personal                       
          representative of her husband's estate to fully administer the              
          estate before petitioning the Probate Court to close the estate             
          and discharge her as personal representative.                               
               Since the Court concludes that the decision entered in this            
          case was not void as to Mrs. Dornbrock and her husband's estate             
          for lack of jurisdiction, the Court next addresses the contention           
          that there was "fraud on the Court".  This Court has jurisdiction           
          to set aside a decision that has become final where there is a              
          fraud on the Court.  Senate Realty Corp. v. Commissioner, 511               
          F.2d 929 (2d Cir. 1975); Abatti v. Commissioner, 86 T.C. 1319               
          (1986), affd. 859 F.2d 115 (9th Cir. 1988).  In order to succeed,           
          Mrs. Dornbrock must establish that there was fraud on the Court             
          in the entry of the decision on December 23, 1993, based on Mr.             
          Young's alleged lack of authority to represent Mrs. Dornbrock and           
          her husband's estate following the death of Mr. Dornbrock in July           
          1987.  The burden of proof is on the party filing the motion to             
          vacate, and such burden must be carried by clear and convincing             
          evidence.  Kraasch v. Commissioner, 70 T.C. 623, 626 (1978).                
               This Court, in Abatti v. Commissioner, 86 T.C. at 1325, has            
          described the term "fraud on the Court" as follows:                         
               Fraud on the court is "only that species of fraud which                
               does, or attempts to, defile the court itself, or is a fraud           
               perpetrated by officers of the court so that the judicial              
               machinery cannot perform in the usual manner its impartial             
               task of adjud[g]ing cases that are presented for                       
               adjudication.  Fraud, inter partes, without more, should not           




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