- 6 - binding in the absence of fraud, misrepresentation, or mutual mistake of fact. Spector v. Commissioner, 42 T.C. 110, 113 (1964); Saigh v. Commissioner, 26 T.C. 171, 177, 180 (1956). In describing a settlement agreement we have stated that: A settlement [agreement] is usually a compromise, and the mere fact that [one of the parties] now feels more confident about some point or points that he did not insist upon in first determining and later stipulating these particular deficiencies is not sufficient grounds for avoiding the settlement agreement. * * * [A] settlement stipulation is in all essential characteristics a mutual contract by which each party grants to the other a concession of some rights as a consideration for those secured and the settlement stipulation is entitled to all the sanctity of any other contract. * * * [Saigh v. Commissioner, supra at 177; citations omitted.] When an agreement is ambiguous, however, we may look to extrinsic evidence to determine the parties’ intentions. Woods v. Commissioner, 92 T.C. 776 (1989). In Constitution Pub. Co. v. Commissioner, 22 B.T.A. 426, 428 (1931), the Board defined ambiguity and set forth the applicable law concerning ambiguous contracts as follows: if the expression used and the language of the instrument is merely ambiguous, the rules of construction with respect to doubtful or ambiguous contracts or documents are applicable here. Upon this ground we have the right and it is our duty to determine what * * * the parties intended by the expression used. An instrument is clearly ambiguous and is open to construction when its words, taken literally, lead to absurdity or have no meaning or when two meanings could be given. * * * It is a primary rule of construction of documents that the Court must if possible ascertain and give effect to the mutual intention of the parties and in doing this greater regard is to be had to the clear intent of the parties than to any particular words which they may have used in the expression of their intent. * * * [Citations omitted.]Page: Previous 1 2 3 4 5 6 7 8 9 Next
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