- 277 - their piggyback agreements, which provided that all taxpayers would be afforded the outcome of the test cases. The Court of Appeals rejected the taxpayers' contention that the Commissioner's position regarding entry of decision under the piggyback agreements constituted fraud on the court. Specifically, the Court of Appeals observed that, while fraud on the court may occur when the acts of a party prevent his adversary from fully and fairly presenting his case or defense, it was the taxpayers' misunderstanding of the piggyback agreements, rather than the Commissioner's fraud, that had caused their misfortune. See id. at 118-119. In Alexander v. Robertson, supra, the Court of Appeals considered whether the entry of appearance at trial by counsel who was not a licensed attorney in the jurisdiction constituted fraud on the court in the following circumstances. Alexander sued Robertson in the District Court for the Northern District of California for failing to make required payments under a contract to purchase a boat. Robertson in turn cross-claimed against Fraser, Inc. (Fraser), the broker who had arranged for the sale of the boat. Following a trial, the District Court sustained Alexander's claim against Robertson and rejected Robertson's cross-claims against Fraser. However, Robertson subsequently learned that David Warren (Warren), counsel for Fraser, had not been licensed to practice law in the State of California at the time of the trial. Robertson thereupon moved the District Court to vacatePage: Previous 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 Next
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