Peter M. Schaeffer - Page 9

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          T.C. at 1325 (taxpayer must show that deception "designed to                
          improperly influence the Court in its decision has had such an              
          effect on the Court.").                                                     
               Petitioner has failed to establish that a fraud was                    
          perpetrated on this Court.  There were sufficient indications               
          about interest accruals in the various documents petitioner                 
          received and in the Decision document he signed to put petitioner           
          on his guard.  If he had any concern in that regard, he should              
          have inquired.  The law is clear that interest accrues on unpaid            
          tax liabilities from their due date until paid.  Moreover, the              
          record does not reflect any evidence that the outcome of this               
          case would be different if we permitted a trial on the merits.              
               In his reply to respondent’s opposition to petitioner’s                
          motion for leave, petitioner relies on Toscano v. Commissioner,             
          supra, to support his claim of fraud on the Court.  Josephine               
          Toscano, also known as Josephine Zelasko, moved to vacate a                 
          stipulated decision of this Court 15 years after entry on the               
          grounds that she was not and had not been the wife of Mr.                   
          Toscano.  In that case it was alleged that Mr. Toscano was not              
          married when he filed what purported to be a joint return, having           
          either forged the signature of Ms. Zelasko as his spouse or                 
          coerced her to sign the joint return against her will.  Mr.                 
          Toscano allegedly perpetrated three frauds.  First, he defrauded            
          the Commissioner by filing a fraudulent joint income tax return             






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