Peter M. Schaeffer - Page 5

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          to vacate.  The granting of such a motion for leave to file a               
          motion to vacate, or the granting of a timely motion to vacate,             
          lies within the sound discretion of this Court.  Heim v.                    
          Commissioner, 872 F.2d 245, 246 (8th Cir. 1989), affg. T.C. Memo.           
          1987-1; Lentin v. Commissioner, 237 F.2d 5, 6 (7th Cir. 1956).              
          If a motion to vacate has been timely filed, the running of the             
          90-day period for filing an appeal is stopped and commences                 
          again, in full, after the motion is adjudicated.  Fed. R. App. P.           
          13(a).                                                                      
               Once a decision becomes final, this Court may vacate it only           
          in narrowly circumscribed situations.  Helvering v. Northern Coal           
          Co., 293 U.S. 191, 193 (1934).  The Court may vacate a final                
          decision if that decision is shown to be void, or a legal                   
          nullity, for lack of jurisdiction over the subject matter or a              
          party.  Billingsley v. Commissioner, 868 F.2d 1081 (9th Cir.                
          1989); Abeles v. Commissioner, 90 T.C. 103, 105-106 (1988);                 
          Brannon's of Shawnee, Inc. v. Commissioner, 71 T.C. 108, 111-112            
          (1978).  The Court may vacate a final decision if there has been            
          a fraud on the Court.  Abatti v. Commissioner, 859 F.2d 115 (9th            
          Cir. 1988), affg. 86 T.C. 1319 (1986); Senate Realty Corp. v.               
          Commissioner, 511 F.2d 929, 931 (2d Cir. 1975); Stickler v.                 
          Commissioner, 464 F.2d 368, 370 (3d Cir. 1972).                             
               The decision in this case was entered pursuant to a                    
          stipulated settlement.  No trial was held, no evidence was                  






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