Peter M. Schaeffer - Page 10

                                       - 10 -                                         
          claiming he owed less tax than allowed by the law.  Second, he              
          defrauded Ms. Zelasko by purporting to make her liable for his              
          taxes.  Third, he carried this fraud to the Tax Court when he               
          filed a joint petition with this Court for a redetermination of             
          the deficiency.  The fraud upon this Court culminated when the              
          Court entered a decision signed on behalf of Ms. Zelasko, holding           
          her liable for the tax deficiency.  The Court of Appeals for the            
          Ninth Circuit vacated the Tax Court’s Decision and held that Ms.            
          Zelasko, under these circumstances, was entitled to a hearing on            
          her allegations.                                                            
               The facts in Toscano are distinguishable from the instant              
          case.  Here, petitioner represented himself and negotiated a                
          settlement with respondent.  He signed a stipulation of decision            
          which specifically provides for the assessment and collection of            
          statutory interest.  We do not find any fraud perpetrated upon              
          this Court.                                                                 
               Accordingly,                                                           

                                        An order will be issued denying               
                                   petitioner's Motion for Leave to                   
                                   File a Motion to Vacate or Revise                  
                                   the Decision.                                      










Page:  Previous  1  2  3  4  5  6  7  8  9  10  

Last modified: May 25, 2011