- 27 - 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 aPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011