-8- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011