- 14 - (1978); or if the decision was obtained through fraud on the Court, see Abatti v. Commissioner, 859 F.2d 115 (9th Cir. 1988), affg. 86 T.C. 1319 (1986); Senate Realty Corp. v. Commissioner, 511 F.2d 929, 931 (2d Cir. 1975); Stickler v. Commissioner, 464 F.2d 368, 370 (3d Cir. 1972); Casey v. Commissioner, T.C. Memo. 1992-672. In addition, some courts have indicated that the Tax Court has the power in its discretion, in extraordinary circumstances, to vacate and correct a final decision where it is based on a mutual mistake of fact. See LaFloridienne J. Buttgenbach & Co. v. Commissioner, 63 F.2d 630 (5th Cir. 1933).7 In the present case, petitioner contends that the decision entered on March 26, 1997, is a legal nullity and is therefore not final, because the Tax Court lacked jurisdiction over petitioner. In support of its contention, petitioner cites and relies on Billingsley v. Commissioner, supra; Abeles v. Commissioner, supra; and Brannon's of Shawnee, Inc. v. Commissioner, supra. Notably, petitioner does not contend that fraud on the court was committed and provides an exception to the general rule of finality. 7 Although the U.S. Court of Appeals for the Sixth Circuit cited mutual mistake of fact as a grounds for vacating a final decision of this Court in Reo Motors, Inc. v. Commissioner, 219 F.2d 610 (6th Cir. 1955), that Court of Appeals more recently concluded that Reo Motors, Inc. was effectively overruled by virtue of the Supreme Court's affirmance of Lasky v. Commissioner, 235 F.2d 97 (9th Cir. 1956), affd. per curiam 352 U.S. 1027 (1957). See Harbold v. Commissioner, 51 F.3d 618, 621- 622 (6th Cir. 1995).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011