- 6 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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