Estate of Lucille Abbott Sexton, Deceased, Ann Sexton Peterson, Executor - Page 18




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          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 would             






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