George C. Scrimshaw and Erna C. Scrimshaw - Page 8

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          filed.  Sec. 7481(a)(1).  A notice of appeal must generally be              
          filed within 90 days after the decision is entered by this Court.           
          Sec. 7483; Fed. R. App. P. 13(a).  A motion to vacate or revise a           
          decision must be filed within 30 days after the decision is entered         
          unless the Court "shall otherwise permit".  Rule 162.  A motion to          
          vacate a decision, filed more than 30 days after entry of the               
          decision, may be filed only by leave of the Court, usually by the           
          granting  of  a  motion  for  leave to file an untimely motion to           
          vacate.6  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.                 
               Once a decision becomes final, this Court may vacate the               
          decision only in certain narrowly constricted situations.                   
          Helvering v. Northern Coal Co., 293 U.S. 191, 193 (1934).  For              
          instance, 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, see Billingsley v. Commissioner, 868         
          F.2d 1081, 1084-1085 (9th Cir. 1989); Abeles v. Commissioner, 90            


               6    Petitioner did not file a notice of appeal or a timely            
          motion to vacate or revise the stipulated decision that was                 
          entered in this case on July 26, 1991.  Consequently, because               
          that decision became final on Oct. 24, 1991, petitioner was                 
          required to file a motion for leave to file a motion to vacate              
          the stipulated decision entered in this case.  Petitioner's                 
          motion for leave to file a motion to vacate decision entered on             
          July 26, 1991, was filed on Apr. 16, 1996, almost 5 years after             
          the Court entered the decision in this case.                                




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