Jerry and Patricia A. Dixon, et al - Page 203




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          See Drobny v. Commissioner, supra at 677-678 (citing Kenner v.              
          Commissioner, 387 F.2d 689 (7th Cir. 1968)); Broyhill Furniture             
          Indus., Inc. v. Craftmaster Furniture Corp., supra at 1085; In re           
          Intermagnetics Am., Inc., 926 F.2d 912, 916 (9th Cir. 1991)                 
          (citing Alexander v. Robertson, 882 F.2d 421, 424 (9th Cir.                 
          1989)); Senate Realty Corp. v. Commissioner, 511 F.2d 929, 931              
          (2d Cir. 1975).                                                             
               The Court of Appeals for the Ninth Circuit has addressed               
          the issue of fraud on the court in a number of cases.  Before               
          proceeding with our analysis, we will glean these cases for the             
          insights they yield on the views of the Court of Appeals.                   
               In Toscano v. Commissioner, 441 F.2d 930 (9th Cir. 1971),              
          the taxpayer, Josephine Zelasko (Zelasko), asserted that the Tax            
          Court had erred in failing to vacate a decision entered against             
          Zelasko and her purported husband, John Toscano.  Zelasko argued            
          that the decision should be vacated on the ground of fraud on the           
          Court because she was never married to Toscano, her signatures              
          were placed on joint tax returns with Toscano either by forgery             
          or under duress, and she was completely unaware that Toscano had            
          filed a joint petition for redetermination with the Tax Court.              
          After concluding that the Tax Court had the authority to set                
          aside a final decision on the ground of fraud on the court, the             
          Court of Appeals vacated this Court's decision against Zelasko              
          after finding that she had alleged sufficient facts in support of           
          her claim of fraud on the court to justify an evidentiary hearing           



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