Larry C. Gamsby - Page 4

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               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 Agent           





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