- 48 -
filed. Sec. 7481(a)(1). Generally, a notice of appeal must be
filed within 90 days after the decision is entered by this Court.
Sec. 7483; Fed. R. App. P. 13(a). Therefore, the decision in
this case became final on May 24, 1994. Participants' motion in
this case was not filed until January 23, 1996.
Because the decision in this case was entered pursuant to a
stipulated settlement with respondent by Winer, as the purported
TMP, there is no underlying opinion for this Court to reconsider.
Therefore, participants are not within the general rules for
reconsideration of an opinion under Rule 161, and their motion
for reconsideration is denied.
Once a decision becomes final, this Court may vacate the
final decision only in certain narrowly circumscribed situations.
The Court may vacate a final decision if that decision is shown
to be void or a legal nullity for lack of jurisdiction over
either the subject matter or a party. Billingsley v.
Commissioner, 868 F.2d 1081 (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). The Court may
also vacate a final decision if there has been a fraud on the
Court. Abatti v. Commissioner, 859 F.2d 115 (9th Cir. 1988),
affg. 86 T.C. 1319 (1986); Senate Realty Corp. v. Commissioner,
511 F.2d 929, 931 (2d Cir. 1975).
Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 NextLast modified: May 25, 2011