- 13 - 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, 111-112Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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