Benness M. Richards and Jane Richards - Page 16

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          articulating their position respecting respondent's Response to             
          their motion for leave, to which we now turn.                               
          2.   Petitioners' Motion for Reconsideration                                
          The Tax Court generally lacks jurisdiction to vacate a final                
          decision.  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), affd. per curiam 352 U.S. 1027 (1957).             
          The Court will vacate a final decision only in certain narrowly             
          circumscribed situations.  For instance, this Court and some                
          Courts of Appeals, including the Court of Appeals for the Ninth             
          Circuit, have ruled that this Court may vacate a final decision             
          if that decision is shown to be void, or a legal nullity, for               
          lack of jurisdiction over either the subject matter or the party,           
          see Billingsley v. Commissioner, 868 F.2d 1081, 1084-1085 (9th              
          Cir. 1989); Abeles v. Commissioner, 90 T.C. 103, 105-106 (1988);            
          Brannon's of Shawnee, Inc. v. Commissioner, supra at 1002, or if            
          the decision was obtained through fraud upon the Court, see                 
          Abatti v. Commissioner, supra; 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); Toscano v.                  
          Commissioner, 441 F.2d at 933; Kenner v. Commissioner, supra;               
          Casey v. Commissioner, T.C. Memo. 1992-672.                                 
               As previously mentioned, in Richards I we rejected                     
          petitioners' contention that the notice of deficiency issued to             
          them was invalid and that the Court lacked jurisdiction to enter            




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