- 8 - 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, 86Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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