Estate of Dora Halder, Deceased, Anita Halder MacDougall, Executrix - Page 6




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          subject of judicial interpretation as to its meaning, in light of           
          the language used and the circumstances surrounding its                     
          execution.”  See also 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); Himmelwright v. Commissioner, T.C. Memo.            
          1988-114.  In a tax case, settlement agreements may be reached              
          through correspondence, in the absence of a formal document.                
          Manko v. Commissioner, T.C. Memo. 1995-10.                                  
               A prerequisite to the formation of an agreement is an                  
          objective manifestation of mutual assent to its essential terms,            
          also known as a “meeting of the minds”.  U.S. Titan, Inc. v.                
          Guangzhou Zhen Hua Shipping Co., 241 F.3d 135, 146 (2d Cir.                 
          2001); Am. Merch. Marine Ins. Co. v. Letton, 9 F.2d 799, 801 (2d            
          Cir. 1926); Kronish v. Commissioner, 90 T.C. 684, 693 (1988);               
          Manko v. Commissioner, supra.  The determination of whether there           
          was a meeting of minds sufficient to constitute a contract is one           
          of fact.  U.S. Titan Inc. v. Guangzhou Zhen Hua Shipping Co.,               
          supra at 145.                                                               
               We are asked to decide whether the parties entered into a              
          contract to settle the case.  Based on the evidence, we conclude            
          that there was not a meeting of the minds, and, therefore, no               
          basis of settlement was ever reached by the parties.  Mr.                   








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