Joseph P. McGivney, Jr. - Page 4




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            Commissioner, supra at 177 (1956); cf. Adams v. Commissioner, 85                           
            T.C. 359, 375 (1985) (less stringent standard to modify or set                             
            aside settlement stipulation when a trial is not canceled as a                             
            result of the stipulation).                                                                
                  Petitioner makes no allegations that the decision proffered                          
            by respondent is not in accordance with the stipulation.  The                              
            stipulation, which is clear on its face, speaks for itself and                             
            shows that the parties agreed to resolve this case in the manner                           
            therein set out.  The stipulation, voluntarily entered into, must                          
            be given binding effect.  The parties struck a bargain in the                              
            stipulation, and petitioner must live with the benefits and                                
            burdens of it.  See Summers v. Commissioner, T.C. Memo. 1996-17.                           
            We hold that on the material before us, there is no reason to                              
            delay entry of a decision, reflecting the stipulation.                                     
                  To reflect the foregoing,                                                            


                                                        An appropriate order will be                   
                                                  issued granting respondent's                         
                                                  motion for entry of decision and                     
                                                  decision will be entered in                          
                                                  accordance therewith.                                











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