- 42 - The above authorities compel the conclusion that, in 1993, when petitioners settled their cases by agreeing to entry of final decisions of this Court, they abandoned any opportunity to benefit from the Court of Appeals’ mandates in Dixon V, issued 10 years later. Petitioners settled knowingly, with the advice of counsel who were intimately familiar with the events of the Kersting project litigation. More to the point, they did so with the understanding, set forth explicitly in respondent’s January 1993 letter, that accepting the settlement would “preclude any further challenge or appeal with respect to the Kersting programs or the merits of the Dixon opinion.” Under the applicable statutory provisions and rules, the time has long since expired within which petitioners might have sought relief from their choice to settle. Section 7481(a)(1) provides the general rule that a decision of the Tax Court becomes final upon expiration of the time to file a notice of appeal. Section 7483 provides that a notice of appeal generally must be filed within 90 days after a decision is entered. The 90-day appeal period may be extended, however, if the taxpayer files a timely motion to vacate or revise the decision. Fed. R. App. P. 13(a). Pursuant to Rule 162, a motion to vacate or revise a decision must be filed within 30 days after the decision is entered, unless the Court allows otherwise. A timely motion to vacate or revise the decision will cause the 90-day period toPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011