- 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