Dorchester Industries Incorporated, et al. - Page 27

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          litigation”, it might well have concluded that such agreement               
          should be enforced.  It concluded, however, that this Court had             
          not erred as a matter of law in reaching its conclusion.  This              
          Court, however, has not been consistent in interpreting (or even            
          acknowledging) the Cole case.  For example, in Nelson Bros., Inc.           
          v. Commissioner, T.C. Memo. 1991-52, we cast doubt on whether an            
          agreement could be repudiated before trial.  We emphasized what             
          we had said in the Cole case about the mere signing of a proposed           
          stipulation not always being sufficient evidence that the parties           
          were in agreement.  We continued:                                           
               Instead, delivery of the stipulation or other                          
               appropriate action would be needed in order for this                   
               Court to accept that a binding agreement was reached by                
               the parties.  Therefore, [in the Cole case] we did not                 
               state that the parties, while in agreement before                      
               trial, could cancel the agreement if they were no                      
               longer in agreement when the case was called for trial.                
               * * *                                                                  
          Id.  In Haiduk v. Commissioner, T.C. Memo. 1990-506, we enforced            
          a settlement agreement evidenced only by an exchange of letters             
          between the parties.  We did not even mention the Cole case.  The           
          repudiation language in the Cole case does not recite a rule of             
          contract law.  Cf. Estate of Jones v. Commissioner, supra at 573.           
          It appears to implement this Court’s inherent power to regulate             
          what will be tried before it.  See Saigh v. Commissioner, 26 T.C.           
          at 176.  We have reconsidered the Cole case, and we can see no              
          reason to empower a party to a settlement agreement with the                
          authority unilaterally to set that agreement aside. Upon a                  





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