- 9 - trial date because of any settlement between the parties (i.e., the Court granted a continuance in this case because the estate’s expert was ill); and (3) Mr. Lindenbaum contacted Mr. Sherland with regard to the error the next day. We do not believe that the estate should reap an undue advantage from the error. See Sergy v. Commissioner, T.C. Memo. 1990-442. We believe that an injustice would occur if we were to require respondent to adhere to the $1 million value reflected in the January 14, 2002, fax. We find that there was no meeting of the minds between the parties, and we shall deny the estate’s motion for entry of decision.2 In reaching our holding herein, we have considered all arguments made, and, to the extent not mentioned above, we conclude them to be moot, irrelevant, or without merit. To reflect the foregoing, An appropriate order will be issued. 2 Even if we held there was a meeting of minds, we would deny the estate’s motion because the “settlement” was never signed or approved by, or even submitted to, any IRS official authorized to approve it. Gardner v. Commissioner, 75 T.C. 475, 479 (1980).Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011