- 4 - Petitioners did not file a notice of appeal or a timely motion to vacate or revise our decision which was entered on July 22, 1993. Accordingly, our decision became final on October 20, 1993. See secs. 7459(c), 7481(a)(1). Once a decision becomes final, our jurisdiction to vacate it is restricted. Abatti v. Commissioner, 859 F.2d 115, 117 (9th Cir. 1988), affg. 86 T.C. 1319 (1986); Lasky v. Commissioner, 235 F.2d 97, 100 (9th Cir. 1957), affg. 22 T.C. 13 (1954). We shall vacate a final decision only in certain limited cases. For example, this Court and some Courts of Appeals have ruled that we may vacate a final decision if it is shown to be void, or a legal nullity, for lack of jurisdiction over either the subject matter or the party, see Billingsley v. Commissioner, 868 F.2d 1081, 1084-1085 (9th Cir. 1989); Abeles v. Commissioner, 90 T.C. 103, 105-106 (1988); Brannon's of Shawnee, Inc. v. Commissioner, 69 T.C. 999, 1002 (1978), or if it was obtained through fraud on the Court, see Abatti v. Commissioner, supra; Senate Realty Corp. v. Commissioner, 511 F.2d 929, 931 n.1 (2d Cir. 1975); Stickler v. Commissioner, 464 F.2d 368, 370 (3d Cir. 1972); Casey v. Commissioner, T.C. Memo. 1992-672. The Court of Appeals for the Fifth Circuit also has indicated that we have the power to vacate a final decision which is based on a mutual mistake of fact. See La Floridienne J. Buttgenbach & Co. v. Commissioner, 63 F.2dPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011