Cinema '84, Richard M. Greenberg, Tax Matters Partner - Page 9

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          reasoning in those cases was specifically rejected by the Supreme           
          Court in Standard Oil Co. of Cal. v. United States, supra.                  
               It may be argued that our opinion in Transp. Manufacturing &           
          Equip. Co. v. Commissioner, supra, also rests on the language of            
          section 7482(a) and is not governed by the same principles as               
          cases under rule 60(b) of the Federal Rules of Civil Procedure,             
          notwithstanding the analogy drawn in Lydon.  Section 7482(a),               
          however, provides that the review of Tax Court decisions shall be           
          “in the same manner and to the same extent as decisions of the              
          district courts in civil actions tried without a jury”.  If a               
          district court could not entertain a motion to vacate without the           
          intervention of the Court of Appeals, it would follow that the              
          Tax Court also cannot, and this was the holding of Lydon and its            
          progeny.  On the other hand, the converse is that, if the                   
          district courts can entertain motions to vacate, the Tax Court              
          can do likewise.  Accordingly, because of the Supreme Court’s               
          holding in Standard Oil Co. of Cal., we will no longer follow the           
          Lydon case or its progeny.  We hold that the Tax Court has the              
          authority to act on a motion to vacate a decision that has been             
          affirmed, reversed, or modified by the Court of Appeals.                    












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