- 6 - Commissioner, 71 T.C. 108, 111-112 (1978). The Court may vacate a final decision if there has been a fraud on the Court. Abatti v. Commissioner, 859 F.2d 115 (9th Cir. 1988), affg. 86 T.C. 1319 (1986); Senate Realty Corp. v. Commissioner, 511 F.2d 929, 931 (2d Cir. 1975); Stickler v. Commissioner, 464 F.2d 368, 370 (3d Cir. 1972); Toscano v. Commissioner, 441 F.2d 930 (9th Cir. 1971), vacating and remanding 52 T.C. 295 (1969). The decision in this case was entered pursuant to a stipulated settlement. There was no trial; no evidence was adduced; no stipulations were filed in the record; and the stipulated decision does not recite any factual or legal bases upon which the deficiency was settled. The compromise and settlement of tax cases is governed by general principles of contract law. Robbins Tire & Rubber Co., v. Commissioner, 52 T.C. 420, 435-436, supplemented by 53 T.C. 275 (1969); Brink v. Commissioner, 39 T.C. 602, 606 (1962), affd. 328 F.2d 622 (6th Cir. 1964). Where a decision is entered pursuant to a stipulated settlement, the parties are usually held to their agreement without regard to whether the decision is correct on the merits. Stamm International Corp. v. Commissioner, 90 T.C. 315, 321-322 (1988); Spector v. Commissioner, 42 T.C. 110 (1964). It is within this framework that petitioner asks for leave to file the Motion to Vacate. Petitioner contends that by failing to advise her of the innocent spouse "opportunity", Mr. Stillman and the Hochman firm committed a fraud on this Court sufficient to justify granting the two motions. Petitioner asserts that Mr. Stillman purportedly perpetrated this fraud by failing to send the MAR Memorandum to her, while the Hochman firm ignored the fact that the Statement of Settlement was not signed by petitioner and proceeded to carry out the settlement process.Initially, respondent filed no objection to granting of the Motion for Leave, but Mr. Stillman filed an objection. Petitioner objected and contended that Mr. Stillman had noPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011