Lidia Lamanna - Page 6

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          expense deductions and Schedule E adjustments after the                     
          stipulation of settled issues was signed and filed.  Respondent’s           
          counsel denies that she promised petitioners anything other than            
          what had been agreed upon in the stipulation.                               
               Respondent filed a Motion for Entry of Decision in each of             
          these consolidated cases.  Each petitioner filed an Objection to            
          respondent’s motion and a Reply to respondent’s response.3                  
                                     Discussion                                       
               A controversy before this Court may be settled by agreement            
          of the parties.  Dorchester Indus. Inc. v. Commissioner, 108 T.C.           
          320, 329 (1997), affd. without published opinion 208 F.3d 205 (3d           
          Cir. 2000).  A settlement stipulation is in essence a contract.             
          Stamos v. Commissioner, 87 T.C. 1451, 1455 (1986).  Accordingly,            
          general principles of contract law determine whether a settlement           
          has been reached and, if so, whether the stipulation is binding             
          and enforceable.  Dorchester Indus. Inc. v. Commissioner, supra             
          at 330.                                                                     
               Under such principles, we enforce a valid settlement                   
          stipulation absent a showing of lack of formal consent, fraud,              


               3  The documents initially submitted by petitioners on July            
          23 and Oct. 10, 2002, asked the Court for an entry of decision in           
          which there would be no deficiencies, no additions to tax, and no           
          penalties for all taxable years in issue.  The Court filed the              
          documents as petitioners’ (1) Opposition to Respondent’s Motion             
          for Entry of Decision and (2) Reply to Respondent’s Response to             
          Petitioner’s Opposition to Motion for Entry of Decision,                    
          respectively.  See Rule 54.                                                 





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