- 26 - not been accepted or signed on behalf of the Commissioner, we added: Moreover, even if it be assumed that either stipulation had been signed, petitioner would not be entitled to have an order entered disposing of the case upon the basis of such document. This Court will, of course, enter an order adjudicating liability in accordance with an agreement of the parties, for the existence of such agreement shows that there is no longer any controversy between them. And once a stipulation is filed by both sides, it is binding upon them. Cf. Fred M. Saigh, Jr., 26 T.C. 171. But where, for whatever reason, the parties are not in agreement at the time the case is called for trial, it is wholly irrelevant in this connection that they may have been in agreement at some earlier time. The inquiry into whether respondent’s Chief Counsel had “signed” the stipulations in this case is therefore beside the point. Furthermore, the mere signing of a paper, while retaining custody of it, does not necessarily render it an operative document. Until it is delivered or until some appropriate action is taken with respect thereto, it is far from clear that the signer may not scratch out his signature. Id. (emphasis added). In Estate of Jones v. Commissioner, 795 F.2d 566, 573 (6th Cir. 1986), affg. T.C. Memo. 1984-53, the Court of Appeals for the Sixth Circuit (the Sixth Circuit) upheld this Court’s determination that a settlement was not validly executed because it had not been filed with the Court and had not been signed by or on behalf of the Chief Counsel, although it had been approved by an IRS Appeals officer. This Court had relied on the Cole case, which the Sixth Circuit quoted in part, beginning its quotation with the underscored language set forth above. The Sixth Circuit acknowledged that, had it been passing on a settlement agreement independently reached “by ordinaryPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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