- 4 - 1(a), however, provides that we may give weight to the Federal Rules of Civil Procedure “to the extent that they are suitably adaptable to govern the matter at hand”. Rule 60 of the Federal Rules of Civil Procedure provides certain circumstances in which a Federal court may vacate or alter a judgment, order, or other part of the record. We have often looked to rule 60 of the Federal Rules of Civil Procedure to assist us in resolving issues raised in motions to vacate decisions under Rule 162. See, e.g., Brannon’s of Shawnee, Inc. v. Commissioner, 69 T.C. 999, 1001 (1978); Kun v. Commissioner, T.C. Memo. 2004-273; Estate of Miller v. Commissioner, T.C. Memo. 1994-25. Rule 60(a) of the Federal Rules of Civil Procedure provides that the court may correct clerical mistakes and errors arising from oversight or omission at any time of its own initiative or on the motion of a party. As relevant here, rule 60(b) provides that, on motion and upon such terms as are just, the court may relieve a party of a final judgment for (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud * * *, misrepresentation, or other misconduct of an adverse party; * * * (6) any other reason justifying relief from the operation of the judgment. * * * In addition, this Court has applied a more stringent standard in evaluating motions to enter decisions or vacatePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011