Benness M. Richards and Jane Richards - Page 17

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          the stipulated decision in their case.  In so holding, we                   
          determined that the notice of deficiency issued to petitioners              
          was not invalid on its face.  We see no benefit to revisiting               
          that issue in any detail here.                                              
               Petitioners contend that we should reconsider our decision             
          denying their Motion for Leave To File Motion To Vacate Decision            
          on the ground that we misinterpreted the basis for the motion.              
          Although we are confident that we did not “misinterpret” the                
          basis for petitioners' motion,11 we nevertheless will address               
          petitioners' Motion for Reconsideration insofar as they now                 
          contend that the stipulated decision entered in their case should           
          be vacated due to fraud upon the Court.  In particular, we will             
          consider the merits of petitioners' allegations that the                    
          stipulated decision entered in their case is the result of fraud            
          upon the Court.  We will grant petitioners' motion for leave only           




          11  Petitioners' Motion for Leave to File Motion To Vacate                  
          Decision states that the holding in Scar v. Commissioner, 814               
          F.2d 1363 (9th Cir. 1987), establishes that the notice of                   
          deficiency issued to petitioners “was wrongfully and fraudulently           
          issued.”  Any ambiguity with respect to the ground for                      
          petitioners' motion for leave was eliminated by petitioners'                
          Memorandum of Points and Authorities, which contains multiple               
          references to the Scar case and states “it is abundantly clear              
          that the tests set forth in Scar v. C.I.R., supra were not met by           
          the Respondent when Petitioners' statutory notice was issued for            
          1978.  We submit that no determination of deficiency was made by            
          the Commissioner in the case of * * * [petitioners'] 1978 tax               
          return”.                                                                    





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