Anthony F. Cutaia and Susan D. Cutaia - Page 7

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            that, even if they were, petitioners have not shown that they are                            
            entitled to the relief that they seek under that rule.  We agree                             
            with respondent.                                                                             
                  Based on our review of the entire record before us, we find                            
            that petitioners have failed to show that the decision entered in                            
            this case is the result of fraud on the Court or any other                                   
            situation that warrants our exercise of our discretion under Rule                            
            162 to grant petitioners' motion.                                                            
                  We also reject petitioners' argument relating to rule 60(b)                            
            of the Federal Rules of Civil Procedure.  Assuming arguendo that                             
            all of the reasons specified in that rule were criteria that this                            
            Court may apply in deciding whether petitioners' motion should be                            
            granted, on the record before us, petitioners have failed to                                 
            establish that they are entitled to relief under rule 60(b) of                               
            the Federal Rules of Civil Procedure.  In this connection, the                               
            record does not establish as facts petitioners' contentions that                             
            they did not have information with respect to certain claimed                                
            interest expense deductions for their taxable years 1981, 1982,                              
            and 1983 until March 1997, when respondent provided petitioners                              
            with final interest calculations, or that they could not have                                
            discovered such information prior to that time.  Nor does the                                
            record show that petitioners could not have included as part of                              
            the stipulation of settlement with respondent provisions relating                            
            to whether they are entitled to interest expense deductions for                              
            those taxable years.                                                                         



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