Peter M. Schaeffer - Page 8

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          at 691.  The narrow and limited definition of "fraud upon the               
          court" reflects the policy of putting an end to litigation, and             
          serves the important legal and social interest in preserving the            
          finality of judgments.  Toscano v. Commissioner, 441 F.2d 930,              
          934 (9th Cir. 1971), vacating 52 T.C. 295 (1969).  Other circuits           
          have also articulated a very narrow definition of "fraud upon the           
          court" and have underscored the heavy burden faced by a party who           
          seeks to set aside a final Tax Court decision.  See Harbold v.              
          Commissioner, 51 F.3d 618, 622 (6th Cir. 1995);  Aoude v. Mobil             
          Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989);  Abatti v.                  
          Commissioner, 859 F.2d at 118;  Senate Realty Corp. v.                      
          Commissioner, supra; Stickler v. Commissioner, supra.                       
               In addition it is also clear that petitioner was required to           
          demonstrate, not only that respondent engaged in conduct that was           
          intended to mislead the Court, but--of paramount importance--that           
          the actual conduct affected the outcome of the case.  Drobny v.             
          Commissioner, 79 AFTR 2d 97-2395 (7th Cir. May 1, 1997).  In                
          addition to establishing improper conduct, a taxpayer who                   
          attempts to set aside a final decision of the Tax Court must also           
          explain how the alleged conduct induced, caused, or had a                   
          material effect upon the decision.  See also Chao v.                        
          Commissioner, 92 T.C. 1141, 1144, (1989) (motion to vacate denied           
          because same result would have been reached even in the absence             
          of the alleged fraud upon the court);  Abatti v. Commissioner, 86           






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