Jerry and Patricia A. Dixon, et al - Page 204




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          in the Tax Court.  More specifically, the Court of Appeals                  
          concluded:                                                                  
                    When a deficiency was assessed, and Toscano                       
               petitioned the Tax Court for redetermination, he                       
               carried the fraud into the Tax Court.  Thus he was                     
               continuing to defraud the Commissioner, and he was                     
               continuing to attempt to subject Miss Zelasko to a                     
               liability that was not hers.  But he was doing more; he                
               was also perpetrating a fraud upon the Tax Court, which                
               culminated in a determination of joint deficiencies                    
               against Miss Zelasko as well as himself.  This, we                     
               think, was as much a fraud on the court as was the use                 
               of the spurious article in the Court of Appeals in                     
               Hazel-Atlas.                                                           
          Id. at 935.                                                                 
               In Abatti v. Commissioner, 859 F.2d 115 (9th Cir. 1988),               
          affg. 86 T.C. 1319 (1986), the taxpayers argued that the Tax                
          Court had erred in failing to vacate final decisions against them           
          that were consistent with their agreements to be bound by certain           
          test cases.  In particular, after the Tax Court had granted                 
          summary judgment in favor of the Commissioner in the test cases,            
          decisions were entered against the taxpayers in both the test               
          cases and the piggyback cases.  Although two test case taxpayers            
          and a number of the taxpayers who had signed piggyback agreements           
          filed timely appeals and persuaded the Court of Appeals to                  
          reverse the Tax Court's decisions, the remaining taxpayers in the           
          test cases and piggyback cases did not file appeals.  Following             
          the remand of the appealed cases to the Tax Court for further               
          proceedings, the taxpayers who had not filed appeals argued                 
          unsuccessfully in the Tax Court that the otherwise final                    
          decisions entered against them should be vacated pursuant to                


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