Jerry and Patricia A. Dixon, et al - Page 210




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          Thompson's assertion that the videotape was not material, the               
          Court of Appeals observed that "Rule 60(b) focuses not so much in           
          terms of whether the alleged fraud prejudiced the opposing party            
          but more in terms of whether the alleged fraud harms the                    
          integrity of the judicial process."  Id. at 1133.                           
          B.   Discussion                                                             
               With the preceding review as background, we address whether            
          the Government misconduct in these cases constitutes fraud on the           
          Court.                                                                      
               By entering into secret settlements with the Thompsons and             
          Cravenses, Messrs. McWade and Sims frustrated the Court's and the           
          public's expectations that all litigants before the Court would             
          be adversaries in the full sense of the word.  Such expectations            
          were particularly heightened in these cases, which affect more              
          than a thousand other taxpayers.                                            
               Notwithstanding the Government misconduct in these cases, we           
          are convinced, for the reasons set forth below, that the Court's            
          deficiency determinations in Dixon II should be reinstated over             
          petitioners' claims of fraud on the Court.                                  
          The misconduct in these cases is not typical of the                         
          fraudulent acts committed in cases in which other courts have               
          overturned decisions for fraud on the court.  In particular,                
          although Messrs. Sims, McWade, and DeCastro misled the Court                
          regarding the status of the Thompson and Cravens cases, there was           
          no attempt to present fraudulent evidence to the Court that had             
          any bearing on the substantive issues concerning the transactions           

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