Jesse M. and Lura L. Lewis - Page 42

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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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