Richard W. Kochansky and Monica L. Miller, f.k.a. Monica L. Kochansky - Page 9

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                  A controversy before this Court may be settled by agreement                         
           of the parties.  After the parties have entered into a binding                             
           settlement agreement, the actual merits of the settled                                     
           controversy are without consequence.  This Court has declined to                           
           set aside a settlement duly executed by the parties and filed                              
           with the Court in the absence of fraud or mutual mistake.  Stamm                           
           Intl. Corp. v. Commissioner, 90 T.C. 315 (1988); Spector v.                                
           Commissioner, 42 T.C. 110 (1964).  Petitioner has not established                          
           any basis for disavowal of the stipulation that he and respondent                          
           mutually assented to.  The stipulation covers all issues before                            
           the Court in the instant case.  Petitioner is bound by that                                
           agreement.  He cannot raise other issues that are not in the                               
           pleadings or pursue other legal theories that are not in the                               
           pleadings and were not allowed in the stipulation.  Respondent's                           
           motion for entry of decision will be granted.                                              


           An appropriate order will                                                                  
                                                      be issued and decision will be                  
                                                      entered for respondent.                         













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