- 16 - 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 enterPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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