- 275 - 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 hearingPage: Previous 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 Next
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