- 18 - had charged the wrong person with certain illegal income.) Accordingly, the merits of the estate’s position (whether or not it was advanced prior to the settlement) are not a dispositive consideration in attempting to decide whether we should grant the estate’s motions to vacate the decisions that have been entered in accord with the parties’ agreement. Generally, this Court has not set aside a decision entered by the parties’ consent “Absent a showing of lack of formal consent, fraud, mistake, or some similar ground”. Dorchester Indus. Inc. v. Commissioner, 108 T.C. 320, 335 (1977). Assuming arguendo that there was a conflict of interest connected with Mr. Harkavy’s representation of the estate, in order to vacate the parties’ agreed decisions we would also have to find that the estate was not properly represented. We have carefully considered the testimony of Mr. Harkavy, Mr. Klinghoffer, Mrs. Peterson, and the other individuals involved, and there is no credible evidence that Mr. Harkavy failed to properly represent the estate. In addition, there is no evidence that Mr. Harkavy’s employment by IRS was related to or had any effect upon his representation of the estate or that it deterred him from making any of the arguments that the estate wishes to raise for the first time now. This case is distinguishable from Wilson v. Commissioner, supra, where the Court of Appeals for the Second Circuit found it probable that independent counsel wouldPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011