Trans World Travel - Page 13




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          Tuesday, June 24, 1997, 90 days after the decision was entered.             
          See sec. 7481(a)(1).                                                        
          Once a decision of this Court becomes final, we may vacate                  
          the decision only in certain narrowly circumscribed situations.             
          See Helvering v. Northern Coal Co., 293 U.S. 191 (1934); Drobny             
          v. Commissioner, 113 F.3d 670, 677 (7th Cir. 1997), affg. T.C.              
          Memo. 1995-209; Curtis v. Commissioner, T.C. Memo. 1996-371.  The           
          Court of Appeals for the Seventh Circuit, the court to which this           
          case is appealable, has held that the Tax Court lacks general               
          equitable powers, and, therefore, lacks the authority to vacate             
          or revise an otherwise final decision on grounds such as                    
          “mistake, newly discovered evidence, and the like.”  Kenner v.              
          Commissioner, 387 F.2d 689, 690 (7th Cir. 1968).  Indeed, the               
          Court of Appeals has recently stated that “this circuit has                 
          continued to recognize only a single, narrow exception to the               
          general rule of finality prescribed by Congress in 26 U.S.C.                
          �7481", namely, that the decision resulted from fraud on the                
          court.  Drobny v. Commissioner, supra.                                      
               Other courts have ruled that this Court may vacate a final             
          decision if that decision is shown to be void, or a legal                   
          nullity, for lack of jurisdiction over either the subject matter            
          or the party, see Billingsley v. Commissioner, 868 F.2d 1081 (9th           
          Cir. 1989); Abeles v. Commissioner, 90 T.C. 103, 105-106 (1988);            
          Brannon's of Shawnee, Inc. v. Commissioner, 71 T.C. 108, 111-112            






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