- 4 - is entered, unless the Court allows otherwise. Because respondent did not file respondent’s motion to vacate within this 30-day period, respondent has requested leave from the Court to file that motion at this time. Whether the Court allows the filing of a motion to vacate a decision after the referenced 30-day period is generally within the sound discretion of the Court. See Estate of Egger v. Commissioner, 92 T.C. 1079, 1083 (1989); see also Heim v. Commissioner, 872 F.2d 245, 246 (8th Cir. 1989), affg. T.C. Memo. 1987-1. Where a party legitimately attacks the jurisdiction of this Court, however, the Court must freely exercise that discretion notwithstanding the time of the attack. See Brannon’s of Shawnee, Inc. v. Commissioner, 69 T.C. 999, 1002 (1978); see also Jordon v. Gilligan, 500 F.2d 701, 704 (6th Cir. 1974). Such is so even if the decision under attack is final under the statutory scheme applicable to decisions of this Court. See Brannon’s of Shawnee, Inc. v. Commissioner, supra at 1002; see also Jordon v. Gilligan, supra at 704. The Court has jurisdiction to vacate a decision of ours that is void, see Roberts v. Commissioner, 175 F.3d 889, 892 n.3 (11th Cir. 1999); Abeles v. Commissioner, 90 T.C. 103, 105-106 (1988); Brannon’s of Shawnee, Inc. v. Commissioner, supra at 1002; see also Jordon v. Gilligan, supra at 704, which naturally means that the Court also has jurisdiction to grant a motion for leave to file a motion to vacate a void decision. Under the setting at hand, we shallPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011