- 16 - Discussion In their motion for reconsideration, petitioners ask the Court to investigate and impose sanctions on respondent for alleged misconduct that occurred after the trial of the test cases. Petitioners argue that there is substantial newly discovered evidence that respondent’s management made misrepresentations to cover up the extent of the fraud of respondent’s trial attorneys and to distort the facts in pleadings filed with this Court in order to reduce the Government’s monetary exposure and contain respondent’s public embarrassment and accountability. Petitioners ask the Court to conduct a further inquiry into respondent’s alleged coverup misconduct and to impose additional sanctions on respondent for that misconduct. Respondent counters that, upon receiving the mandate of an appellate court, the lower court cannot vary it or examine it for any purpose other than execution, and that the Tax Court has fully complied in Dixon VI with the mandate of the Court of Appeals in Dixon V. We agree with respondent. The Courts of Appeals have exclusive jurisdiction to review the decisions of the Tax Court in the same manner and to the same extent as decisions of the District Courts in civil actions tried without a jury. Sec. 7482(a)(1). Upon such review, the Courts of Appeals “have power to affirm or, if the decision of the TaxPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011