Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 32

                                       - 32 -                                         
               be made within a reasonable time, and for reasons (1),                 
               (2), and (3) not more than one year after the judgment,                
               order, or proceeding was entered or taken.  A motion                   
               under this subdivision (b) does not affect the finality                
               of a judgment or suspend its operation.  This rule does                
               not limit the power of a court to entertain an                         
               independent action to relieve a party from a judgment,                 
               order, or proceeding, or to grant relief to a defendant                
               not actually personally notified as provided in Title                  
               28, U.S.C., � 1655, or to set aside a judgment for                     
               fraud upon the court.  Writs of coram nobis, coram                     
               vobis, audita querela, and bills of review and bills in                
               the nature of a bill of review, are abolished, and the                 
               procedure for obtaining any relief from a judgment                     
               shall be by motion as prescribed in these rules or by                  
               an independent action.                                                 
          Although rule 60 is not technically applicable to this Court,               
          Cinema ‘84 v. Commissioner, 122 T.C. 264, 267-268 (2004); see               
          also sec. 7453 (“proceedings of the Tax Court * * * shall be                
          conducted in accordance with such rules of practice and procedure           
          * * * as the Tax Court may prescribe);1 rule 1 of the Federal               
          Rules of Civil Procedure (the Federal Rules of Civil Procedure              
          “govern the procedure in the United States district courts in all           
          suits of a civil nature”), its principles are instructive as to             
          the interpretation and application of our Rule 162, see Evans               
          Publg., Inc. v Commissioner, 119 T.C. 242, 249 (2002); Estate of            
          Fulmer v. Commissioner, 83 T.C. 302, 309 (1984).                            
               Pursuant to rule 60(b), a District Court may in a civil case           
          relieve a litigant from a “final judgment” for reasons other than           



               1 Unless otherwise indicated, section references are to the            
          applicable versions of the Internal Revenue Code.                           





Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011