- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011