Dorchester Industries Incorporated, et al. - Page 26

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          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 ordinary                





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