Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 31

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          than 30 days after a decision is entered, or more importantly,              
          when this Court will grant a motion to vacate.                              
               Because Rule 162 is silent on this matter, I look for                  
          guidance to that Rule’s counterpart in the Federal Rules of Civil           
          Procedure.  Rule 1(a), Tax Court Rules of Practice and Procedure;           
          see Dusha v. Commissioner, 82 T.C. 592, 598-599 (1984).  That               
          counterpart, rule 60 of the Federal Rules of Civil Procedure                
          (rule 60), states:                                                          
               Rule 60.  Relief From Judgment or Order                                
                    (a) Clerical Mistakes.  Clerical mistakes in                      
               judgments, orders or other parts of the record and                     
               errors therein arising from oversight or omission may                  
               be corrected by the court at any time of its own                       
               initiative or on the motion of any party and after such                
               notice, if any, as the court orders.  During the                       
               pendency of an appeal, such mistakes may be so                         
               corrected before the appeal is docketed in the                         
               appellate court, and thereafter while the appeal is                    
               pending may be so corrected with leave of the appellate                
               court.                                                                 
                    (b) Mistakes; Inadvertence; Excusable Neglect;                    
               Newly Discovered Evidence; Fraud, Etc.  On motion and                  
               upon such terms as are just, the court may relieve a                   
               party or a party’s legal representative from a final                   
               judgment, order, or proceeding for the following                       
               reasons:  (1) mistake, inadvertence, surprise, or                      
               excusable neglect; (2) newly discovered evidence which                 
               by due diligence could not have been discovered in time                
               to move for a new trial under Rule 59(b); (3) fraud                    
               (whether heretofore denominated intrinsic or                           
               extrinsic), misrepresentation, or other misconduct of                  
               an adverse party; (4) the judgment is void; (5) the                    
               judgment has been satisfied, released, or discharged,                  
               or a prior judgment upon which it is based has been                    
               reversed or otherwise vacated, or it is no longer                      
               equitable that the judgment should have prospective                    
               application; or (6) any other reason justifying relief                 
               from the operation of the judgment.  The motion shall                  





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