Carl J. D. Bauman and Margaret A. Bauman - Page 5

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               Once a decision becomes final, the Court's jurisdiction to             
          vacate it is restricted to two circumstances.  Manchester Group             
          v. Commissioner, 113 F.3d 1087, 1088 (9th Cir. 1997), revg. T.C.            
          Memo. 1994-604; Abatti v. Commissioner, 859 F.2d 115, 117 (9th              
          Cir. 1988), affg. 86 T.C. 1319 (1986); Lasky v. Commissioner, 235           
          F.2d 97, 100 (9th Cir. 1956), affg. 22 T.C. 13 (1954), affd. 352            
          U.S. 1027 (1957).  First, the Court may vacate an ostensibly                
          final decision if it lacked jurisdiction to enter the decision              
          originally.  Billingsley v. Commissioner, 868 F.2d 1081, 1084-              
          1085 (9th Cir. 1989); see also Abeles v. Commissioner, 90 T.C.              
          103, 105-106 (1988); Brannon's of Shawnee, Inc. v. Commissioner,            
          69 T.C. 999, 1002 (1978).  The Court may also vacate a final                
          decision if it was obtained through fraud on the Court.4  Abatti            
          v. Commissioner, supra; see also Senate Realty Corp. v.                     
          Commissioner, 511 F.2d 929, 931 n.1 (2d Cir. 1975); Stickler v.             
          Commissioner, 464 F.2d 368, 370 (3d Cir. 1972).                             
               Petitioners do not allege that the Court lacked jurisdiction           
          to enter the decisions at issue in these cases, or that the                 
          decisions arose from either a fraud on the Court or mutual                  
          mistake.  Instead, petitioners' motions for leave are based                 


               4The Court of Appeals for the Fifth Circuit has indicated              
          that this Court also has jurisdiction to vacate a final decision            
          which is based on a mutual mistake of fact.  See La Floridienne             
          J. Buttgenbach & Co. v. Commissioner, 63 F.2d 630 (5th Cir.                 
          1933).  But cf. Harbold v. Commissioner, 51 F.3d 618, 621-622               
          (6th Cir. 1995).                                                            




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