Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 47

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          the quotation, namely R. Simpson & Co. v. Commissioner, 321 U.S.            
          225 (1944), dealt with a predecessor to this Court and, more                
          importantly, did not involve a motion under rule 60(b).  (Nor did           
          Helvering v. Northern Coal Co., 293 U.S. 191 (1934), or Lasky v.            
          Commissioner, 325 U.S. 1027 (1957), deal with such a motion.7)  I           
          see no reason why a need for finality is any greater for a                  
          decision entered in a tax case heard by this Court as opposed to            
          a judgment entered in a tax case heard by a District Court.  (I             
          have found nothing that prohibits a District Court from applying            
          rule 60(b) to relieve a party of a final judgment in a Federal              
          tax case.)  As the Court of Appeals for the Seventh Circuit                 
          stated in Flight Attendants Against UAL Offset v. Commissioner,             
          supra at 578, with regard to the ability of this Court to apply             
          the equitable doctrines of tolling and estoppel which are applied           
          by District Courts:  “The overlap between the district courts’              
          jurisdiction over refund suits and the Tax Court’s jurisdiction             
          over deficiency suits--both jurisdictions exclusive, but the                
          taxpayer allowed to choose between them--makes it anomalous and             
          confusing to multiply distinctions between the doctrines applied            

               7 The rule drawn from this trilogy of Supreme Court cases is           
          that a request for review by that Court in a civil case must be             
          timely filed within an applicable period prescribed by Congress             
          and that the untimely filing of such a request deprives the Court           
          of jurisdiction.  See FEC v. NRA Political Victory Fund, 513 U.S.           
          88, 90 (1994); Mo. v. Jenkins, 495 U.S. 33, 45 (1990).  The rule,           
          of course, is different when a Federal trial court applies the              
          principles of rule 60(b) within the time limits set forth                   
          therein.                                                                    





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