Estate of Dora Halder, Deceased, Anita Halder MacDougall, Executrix - Page 8




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               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).                                                                 





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