S. Byrne Doyle and Barbara S. Doyle - Page 18

                                       - 18 -                                         
          Pennsylvania cases cited by petitioners, we have no need to deal            
          with petitioners' assertion that they should prevail because an             
          agreement is unenforceable under Pennsylvania law against a party           
          who has not signed it.  Similarly, we have no need, then, to                
          address petitioners' argument that the alleged failure to sign              
          the writing represents a mutual mistake under Commissioner v.               
          Danielson, 378 F.2d 771 (3d Cir. 1967), remanding 44 T.C. 549               
          (1965), the Court of Appeals to which an appeal herein would lie.           
          We note merely that Danielson stands for the proposition that a             
          party seeking to vary the terms of a contract must show that the            
          contract should not be recognized due to some conduct that                  
          invalidated the meeting of the minds necessary for assent to the            
          terms of the agreement, in the nature of fraud, duress, undue               
          influence, or mutual mistake.  Id.; Highland Farms, Inc. v.                 
          Commissioner, 106 T.C. 237, 255-256 (1996).  Petitioners have               
          offered no evidence that Mr. Doyle's relationship to the                    
          partnership was somehow tainted and thus invalid.  Danielson                
          simply has no application herein.                                           
               Having held that petitioners have failed to carry their                
          burden of proving that the partnership agreement was not                    
          executed, we are left with the question whether the authority               
          granted to the general partner in the agreement, see supra p. 3,            
          is sufficiently broad to include the signing of the consent by              
          Mr. Farley.  We think that, by its terms, it was sufficiently               






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011