Dorchester Industries Incorporated, et al. - Page 24

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          on November 6, 1995, when respondent and Frank Wheaton entered              
          into the settlement agreement.  The 1994 docketed case is, thus,            
          unlike Himmelwright v. Commissioner, supra, and we need not apply           
          the stringent eve-of-trial standards of Stamm Intl. Corp. v.                
          Commissioner, supra.  For good cause shown, we may refuse to                
          implement the settlement agreement as it applies to the 1994                
          docketed case.  Cf. Saigh v. Commissioner, supra at 176 (stating            
          that rule with respect to a settlement stipulation).  We apply              
          the criteria set forth in Adams v. Commissioner, supra.                     
               Since the settlement agreement entered into by respondent              
          and petitioners amounts to a virtual capitulation by petitioners,           
          it does not appear that respondent gave up much of anything to              
          get a settlement of the 1994 docketed case or would be                      
          substantially injured were we to modify the settlement agreement            
          with respect to the 1994 docketed case.  Respondent might be                
          forced to try that case, but that possibility exists for any                
          decision to set aside a settlement agreement.  If attention is              
          focused only on the 1994 docketed case, the Court has not been              
          unduly inconvenienced.  Nevertheless, Frank Wheaton has failed to           
          prove that a failure to modify the settlement agreement would               
          result in an injustice being done to him.  He consulted with four           
          attorneys after receiving respondent’s settlement proposal.  Two            
          of those attorneys, Richard F. Riley and K. Martin Worthy, are              
          experienced tax attorneys.  Frank Wheaton has not alleged that              
          respondent tried to deceive him by including the 1994 docketed              




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