- 4 - 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 motionPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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