- 62 - not the Court, and does not affect our jurisdiction. See sec. 6230(f). Fraud on the Court In the alternative, participants argue that respondent's attorneys, Hamilton and Hayes, committed fraud on the Court because they continued to deal with Winer as TMP of Davenport despite their knowledge of the contents of the Permanent Injunction and Modification. In their briefs and during the evidentiary hearing on this matter, participants made very specific and accusatory statements concerning the actions and behavior of Hamilton and Hayes in this case. However, after a full evidentiary hearing and full briefing of this issue by both parties, we find that there is no evidence that Hamilton or Hayes committed any fraud on the Court. We further specifically find that Hamilton and Hayes had no knowledge of the terms or outcome of the section 7408 injunction proceeding against Winer before the decision in this case was entered. We defined "fraud on the court" in Abatti v. Commissioner, 86 T.C. at 1325, as follows: Fraud on the court is "only that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjud[g]ing cases that are presented for adjudication. Fraud, inter partes, without more, should not be a fraud upon the court." Toscano v. Commissioner, 441 F.2d at 933, quoting 7 J. Moore, Federal Practice, par. 60.33 (2d ed. 1970). To prove such fraud, the petitioners must show that an intentional plan of deception designed to improperlyPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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