Estate of Jacqueline A. Stotz, Deceased, Trent McGee and Leo Kaplan, Co-Executors and Jackie Stotz Trust, Trent McGee and Leo Kaplan, Co-Trustees - Page 2

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          extensions of the time within which the parties were to provide             
          the Court with a decision document reflecting their settlement,             
          petitioners, on October 20, 1998, filed a motion to calendar for            
          trial, alleging that the settlement was disabled because of a               
          mutual mistake or an affirmative misrepresentation concerning               
          respondent’s position.  The questions we must consider are                  
          whether the parties had a binding settlement, and, if they did,             
          whether petitioners remain bound to the terms of the parties’               
          agreement.  If either question is decided favorably for                     
          petitioners, then petitioners will be relieved from the agreement           
          to settle.                                                                  
          Background                                                                  
               On several occasions, the parties reported to the Court that           
          a basis for settlement had been reached in this case.  No                   
          document setting forth the particulars of the settlement was                
          provided to the Court.  The settlement agreement, as described by           
          respondent, was that respondent would concede the increased                 
          deficiency claimed in the amendment to answer and petitioners               
          would concede the deficiency determined in the notice of                    
          deficiency.  The parties’ concessions concern corporate stock               
          that was part of the gross estate.  The issue of which                      
          petitioners complain involves the amount of discount to the value           
          of corporate stock that would be attributable to possible capital           
          gains tax on the sale or liquidation of the corporation’s assets.           





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