Jerry and Patricia A. Dixon, et al - Page 205




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          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 vacate              

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