- 11 - the 75 percent and a reasonable person would not have settled the case on the terms respondent claims; and (c) respondent should have told petitioners that the Government would collect the entire 75 percent from both the estate and the individuals. a. Mutual Mistake General principles of contract law govern the compromise and settlement of Federal tax cases. Dorchester Indus. Inc. v. Commissioner, 108 T.C. 320, 330 (1997); 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); Saigh v. Commissioner, 26 T.C. 171, 177 (1956); Davis v. Commissioner, 46 B.T.A. 663, 671 (1942). Mutual mistake occurs when both parties to a transaction share an erroneous belief and their acts do not accomplish their mutual intent. Healy v. Rich Prods. Corp., 981 F.2d 68, 73 (2d Cir. 1992). We may reform a contract if there is clear and convincing evidence of mutual mistake. Id. Unilateral mistake occurs when only one of the parties to a transaction is in error. Id. We do not reform a contract based solely on unilateral mistake. Id. Petitioners contend that mutual mistake occurred here because the parties had agreed that the fraud penalty for Mrs. Lorenz and the estate of Mr. Lorenz would apply to one-half ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011