- 8 - The party seeking modification, however, must show that the failure to allow the modification might prejudice him. * * * Discretion should be exercised to allow modification where no substantial injury will be occasioned to the opposing party; refusal to allow modification might result in injustice to the moving party; and the inconvenience to the Court is slight. [Citations omitted.] In Stamm and Dorchester Indus., we applied “stringent eve-of- trial standards” rather than criteria applied in Adams v. Commissioner, supra, in deciding whether to vacate a settlement agreement because the agreements led to the cancellation of imminent trial dates.1 Dorchester Indus., Inc. v. Commissioner, supra at 336. Further, in each case, the parties had either filed a stipulation of settled issues with the Court or notified the Court that an agreement had been reached. Id. at 327; Stamm Intl. Corp. v. Commissioner, supra at 317; Adams v. Commissioner, supra at 367. We find those cases distinguishable from the instant case because: (1) The parties did not reach a meeting of minds, execute any settlement agreement, notify the Court that a settlement had been reached, or file a stipulation of settled issues with the Court; (2) the Court did not cancel or delay the 1 The “stringent standards” were that the moving party must satisfy standards similar to those applicable in vacating a judgment entered into by consent; i.e., the judgment will be upheld unless there is a showing of a lack of formal consent, fraud, mistake, or some similar ground. Dorchester Indus., Inc. v. Commissioner, 108 T.C. 320, 335 (1997), affd. 208 F.3d 205 (3d Cir. 2000).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011