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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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