- 4 - Petitioner and respondent executed the proposed form of decision and submitted the same to the Court. On September 5, 1996, the Court entered its decision utilizing the form of decision furnished by the parties. Petitioner did not file a notice of appeal or a timely motion to vacate or revise the decision. Consequently, the decision became final on Wednesday, December 4, 1996, 90 days after it was entered. Sec. 7481(a)(1). On July 14, 1997, petitioner filed his Motion for Leave to File a Motion to Vacate Decision. On August 11, 1997, respondent filed a response in opposition to petitioner's motion. This matter was called for hearing at the Court's motions session held in Washington, D.C., on August 20, 1997. Counsel for respondent appeared at the hearing and presented argument in opposition to petitioner's motion. Although petitioner did not appear at the hearing, he did file a written statement with the Court pursuant to Rule 50(c). Petitioner's Rule 50(c) statement includes allegations that the decision entered in this case should be vacated based on fraud on the Court as evidenced by the following: (1) Petitioner executed the form of decision with the understanding that he would be permitted to file an offer in compromise (based on doubt as to collectibility) in respect of his tax liabilities for 1991 and 1992; and (2) contrary to the form of decision, Revenue AgentPage: Previous 1 2 3 4 5 6 7 8 9 Next
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