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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 to
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