Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 50

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               In the instant case there was no trial; no evidence was                
          adduced; no stipulations were filed in the record; and the                  
          stipulated decision does not recite any factual or legal bases              
          upon which the deficiency was settled.  The compromise and                  
          settlement of tax cases are governed by general principles of               
          contract law.  Robbins Tire & Rubber Co. v. Commissioner, 52 T.C.           
          420, 435-436, supplemented by 53 T.C. 275 (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 are generally held to their agreement               
          without regard to whether the decision is correct on the merits.            
          Stamm Intl. Corp. v. Commissioner, 90 T.C. 315, 321-322 (1988);             
          Spector v. Commissioner, 42 T.C. 110 (1964).  Within this                   
          framework, participants ask for leave to file their motion to               
          vacate.                                                                     
          Lack of Subject Matter Jurisdiction                                         
               This Court has jurisdiction to vacate a decision that has              
          become final if we find that we lacked jurisdiction when we                 
          entered the decision.  Pyo v. Commissioner, 83 T.C. 626, 632                
          (1984); Brannon's of Shawnee, Inc. v. Commissioner, supra at                
          1002.  The Tax Court is a court of limited jurisdiction and may             
          exercise jurisdiction only to the extent expressly permitted by             
          statute.  See sec. 7442; Trost v. Commissioner, 95 T.C. 560, 565            
          (1990).                                                                     






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