Estate of Golda E. Rixon Kokernot, Deceased, Mary Ann K. Lacy, Executrix - Page 6

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                                     Discussion                                       
               The compromise and settlement of tax cases are governed by             
          general principles of contract law.  A settlement stipulation is            
          in essence a contract.  Each party agrees to concede some rights            
          which he or she may assert against his or her adversary as                  
          consideration for those secured in the settlement agreement.                
          Saigh v. Commissioner, 26 T.C. 171, 177 (1956).  Like contracts,            
          stipulations of settlement bind the parties thereto to the terms            
          thereof.  Stamos v. Commissioner, 87 T.C. 1451, 1455 (1986).  In            
          determining the proper meaning of the terms, we focus on the                
          language of the stipulation and the circumstances surrounding its           
          execution.  Robbins Tire & Rubber Co. v. Commissioner, 52 T.C.              
          420, 435-436 (1969); see also Brink v. Commissioner, 39 T.C. 602,           
          606 (1962), affd. 328 F.2d 662 (6th Cir. 1964).  We will enforce            
          a stipulation of settlement, whether filed or orally stipulated             
          into the record, unless justice requires that we do otherwise.              
          Adams v. Commissioner, 85 T.C. 359, 375 (1985); Sennett v.                  
          Commissioner, 69 T.C. 694 (1978); Saigh v. Commissioner, 26 T.C.            
          171, 177 (1956).                                                            
               Respondent contends that the Executrix failed to preserve a            
          claim to special use valuation under section 2032A.  Respondent             
          argues that Executrix's claim to section 2032A valuation involves           








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