- 5 - Additionally, the estate has not shown that we made a manifest error of law. The estate argues that our reliance on Gardner v. Commissioner, 75 T.C. 475 (1980), for the proposition that the settlement was not signed by an IRS official authorized to approve it was improper because Gardner was overruled by Dorchester Indus., Inc. v. Commissioner, 108 T.C. 320 (1997), affd. 208 F.3d 205 (3d Cir. 2000), and Stamm Intl. Corp. v. Commissioner, 90 T.C. 315 (1988). The estate is wrong. Neither Dorchester nor Stamm dealt with the authority of an Appeals officer to enter into a settlement agreement. Furthermore, our citation to the rule of Gardner was merely an alternative ground for holding against the estate. It does not change the fact that there was no meeting of the minds and that the estate cannot claim to have accepted what respondent did not offer.2 The estate’s legal arguments are merely the rehashing of previously rejected legal arguments or the tendering of new legal theories to reach the end result desired by the estate. This is inappropriate. See Estate of Quick v. Commissioner, supra; Stoody v. Commissioner, supra. 2 Additionally, if a document contains an incorrect figure due to a clerical error (such as writing down the wrong number) and fails to reflect accurately the terms of an agreement, we shall not enforce the document as written and shall allow a party to correct the error. See Holland v. Commissioner, T.C. Memo. 1992-691.Page: Previous 1 2 3 4 5 6 7 8 Next
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