Clyde D. and Yolanda Adkins - Page 4

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          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 shall                






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