Jerry and Patricia A. Dixon, et al - Page 194




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          opportunity to be heard before the appropriate tribunal, but also           
          an orderly presentation of evidence and a rational application of           
          the law thereto".  Traynor, "The Riddle of Harmless Error", at 80           
          (1970).  Having placed the burden of proof by clear and                     
          convincing evidence on respondent, we are left with the definite            
          and firm conviction that the Government misconduct had no effect            
          on the decisions in the test cases whose petitioners were                   
          represented by Mr. Izen.                                                    
          IV.  Fraud, Misrepresentation, and Misconduct                               
               Mr. Izen contends that the Court should not reinstate                  
          its decisions in Dixon II on the ground that the Government                 
          misconduct in the trial of the test cases amounted to fraud,                
          misrepresentation, or misconduct under rule 60(b)(3) of the                 
          Federal Rules of Civil Procedure.  Mr. Izen's contention is akin            
          to a motion for reconsideration of the Court's Dixon II opinion             
          under Rule 161 or a motion to vacate a decision under Rule 162.             
          Relief under either of these Rules may be granted in the Court's            
          discretion to prevent injustice.  See Chao v. Commissioner, 92              
          T.C. 1141, 1144-1145 (1989); see also Adams v. Commissioner, 85             
          T.C. at 375.                                                                
               Rule 60(b)(3) of the Federal Rules of Civil Procedure states           
          in pertinent part:                                                          
               On motion and upon such terms as are just, the                         
               court may relieve a party or a party's legal                           
               representative from a final judgment, order, or                        
               proceeding for the following reasons: * * * (3) fraud                  
               (whether heretofore denominated intrinsic or                           
               extrinsic), misrepresentation, or other misconduct of                  
               an adverse party * * *.                                                

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