- 14 - 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'sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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