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