108 T.C. No. 16
UNITED STATES TAX COURT
DORCHESTER INDUSTRIES INCORPORATED, ET AL.,1 Petitioners v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket Nos. 20515-93, 20572-93, Filed April 29, 1997.
27121-93, 23092-94.
R has moved for entry of decisions based on an
agreement with Ps to settle these cases. Two Ps argue
that they never agreed to settle these cases and, even
if they did, they have repudiated that agreement.
Held: Ps entered into a settlement agreement with
R. R's motions for entry of decision will be granted
with respect to all dockets (except with regard to W).
Cole v. Commissioner, 30 T.C. 665 (1958), affd. 272
F.2d 13 (2d Cir. 1959), will not be followed to the
extent that it indicates that a party to a settlement
agreement that is not filed as a stipulation may
repudiate that agreement up until (and including) the
time the case is called for trial.
1 Cases of the following petitioners are consolidated
herewith: Frank H. Wheaton, Jr., and Mary B. Wheaton, docket
Nos. 20572-93, 27121-93, and 23092-94.
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