Peter M. Schaeffer - Page 4

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          Notwithstanding the above, petitioner maintains that he believed            
          his settlement included a settlement of interest and, therefore,            
          the decision entered by the Court was the result of fraud upon              
          the Court.  After a hearing on this matter, the parties were                
          ordered to file briefs seriatim, with petitioner filing the                 
          initial brief on April 16, 1997, and respondent to file an                  
          answering brief 30 days thereafter.  Petitioner has not filed his           
          opening brief nor any explanation for such failure.  Although we            
          could deny his motion on the ground that he has abandoned his               
          contentions, we will consider his motion on its merits.                     
          Discussion                                                                  
               The date of a decision of this Court is the date an order              
          specifying the amount of the deficiency is "entered" in the                 
          records of the Tax Court, which, in this case, was April 17,                
          1996.  A decision of this Court becomes final upon expiration of            
          the time to file a notice of appeal if no notice of appeal is               
          filed.  Sec. 7481(a)(1).  Generally, a notice of appeal must be             
          filed within 90 days after the decision is entered by this Court.           
          Sec. 7483; Fed. R. App. P. 13(a).  A motion to vacate or revise a           
          decision must be filed within 30 days after the decision is                 
          entered unless the Court "shall otherwise permit".  Rule 162.  A            
          motion to vacate a decision, filed more than 30 days after entry            
          of the decision, may be filed only by leave of the Court, usually           
          by the granting of a motion for leave to file an untimely motion            






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