Peter M. Schaeffer - Page 6

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          adduced, no stipulations were filed in the record, and no factual           
          or legal bases upon which the deficiency was settled were recited           
          in the stipulated decision.  The compromise and settlement of tax           
          cases is governed by general principles of contract law.  Robbins           
          Tire & Rubber Co. v. Commissioner, 52 T.C. 420, 435-436 (1969);             
          Brink v. Commissioner, 39 T.C. 602, 606 (1962), affd. 328 F.2d              
          622 (6th Cir. 1964).  Where a decision is entered pursuant to a             
          stipulated settlement, the parties normally are held to their               
          agreement without regard to whether the decision is correct on              
          the merits.  Stamm International Corp. v. Commissioner, 90 T.C.             
          315, 321-322 (1988); Spector v. Commissioner, 42 T.C. 110 (1964).           


               It is within this framework that petitioner asks for leave             
          to file the motion to vacate.  Petitioner contends that there was           
          not a meeting of the minds because respondent failed to advise              
          him of the continuing accrual of interest, and thus a fraud was             
          perpetrated on this Court sufficient to justify granting the two            
          motions.                                                                    
               We defined "fraud on the court" in Abatti v. Commissioner,             
          86 T.C. 1319, 1325 (1986), affd. 859 F.2d 115 (9th Cir. 1988), as           
          follows:                                                                    
               Fraud on the court is "only that species of fraud which                
               does, or attempts to, defile the court itself, or is a                 
               fraud perpetrated by officers of the court so that the                 
               judicial machinery can not perform in the usual manner                 
               its impartial task of adjud[g]ing cases that are                       
               presented for adjudication.  Fraud, inter partes,                      





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