- 17 - 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”.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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