Denis Brody and Carol Brody - Page 14

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             intentions.  Mecom v. Commissioner, 101 T.C. 374, 385                    
             (1993), affd. without published opinion 40 F.3d 385 (5th                 
             Cir. 1994); Kornish v. Commissioner, 90 T.C. 684, 693                    
             (1988).  In this case, petitioners intentionally signed the              
             subject consent form and thereby manifested their assent to              
             the terms contained therein.  According to Mr. Brody's                   
             affidavit, he harbored the unstated view that respondent's               
             agent had made a mistake in preparing the consent by                     
             limiting it to adjustments from Thunderbird.  Mr. Brody's                
             affidavit does not suggest that petitioners misunderstood                
             what was intended by the restrictive language in the                     
             consent or that they intended a different restriction.                   
             Petitioners merely harbored the secret belief that the                   
             consent would not have the legal effect of extending the                 
             period of limitations with respect to their 1978 return.                 
             Thus, petitioners made a unilateral mistake concerning the               
             legal effect of the consent.  This is not the type of                    
             mistake for which relief is warranted.  See Estate of                    
             Caporella v. Commissioner, 86 T.C. 285, 298 (1986), affd.                
             817 F.2d 706 (11th Cir. 1987); 13 Williston on Contracts,                
             sec. 1587 (3d ed. 1970).                                                 
                  Petitioners claim that the "new and additional                      
             information" submitted with their cross-motion for summary               
             judgment shows that the Court misconstrued respondent's                  





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