Cinema '84, Richard M. Greenberg, Tax Matters Partner - Page 10

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          2.  Standards for Vacating a Final Decision                                 
               Notwithstanding the authority to act on such a motion, the             
          authority of the Tax Court to vacate a decision that has become             
          final is limited.  In Taub v. Commissioner, 64 T.C. 741 (1975),             
          affd. without published opinion 538 F.2d 314 (2d Cir. 1976), the            
          taxpayer in a deficiency case sought to vacate a decision that              
          had become final.  We noted that as a general rule the finality             
          of a decision is absolute.  Id. at 750; see also Lasky v.                   
          Commissioner, 235 F.2d 97 (9th Cir. 1956), affd. per curiam 352             
          U.S. 1027 (1957); Abatti v. Commissioner, 86 T.C. 1319, 1323                
          (1986), affd. 859 F.2d 115 (9th Cir. 1988).  We also noted that             
          “we have jurisdiction to set aside a decision which would                   
          otherwise be final where there is ‘fraud on the court.’”  Taub v.           
          Commissioner, 64 T.C. at 751 (citing Toscano v. Commissioner, 441           
          F.2d 930 (9th Cir. 1971)); Kenner v. Commissioner, 387 F.2d 689             
          (7th Cir. 1968); see also Drobny v. Commissioner, 113 F.3d 670              
          (7th Cir. 1997), affg. T.C. Memo. 1995-209; Senate Realty Corp.             
          v. Commissioner, 511 F.2d 929 (2d Cir. 1975).                               
               In Abeles v. Commissioner, 90 T.C. 103 (1988), this Court              
          held that it had the authority to vacate an otherwise final                 
          decision in a situation where the Court never acquired                      











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