Kenneth J. Barela - Page 10

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               In negotiating the 1998 settlement, petitioner agreed to the           
          disallowance of the $5,433 loss for 1998.  Petitioner, however,             
          contends that prior to signing the stipulated decision, an                  
          agreement was reached to allow the $5,433 deduction for 1999.               
          Petitioner contends that respondent has breached the terms of the           
          parties’ settlement agreement.  Petitioner further asserts that             
          the alleged agreement should be enforced, allowing the deduction            
          for 1999.  Petitioner has advanced no other reason for the                  
          allowance of the $5,433 loss for 1999.                                      
               Analysis                                                               
               At the heart of this controversy is the question of whether            
          a binding agreement6 was reached between petitioner and                     
          respondent to allow the 1998 loss deduction, in the amount of               
          $5,433 for 1999.  In resolving this question, we apply general              
          principles of contract law in determining whether a settlement              
          agreement has been reached.  Dorchester Indus., Inc. v.                     
          Commissioner, 108 T.C. 320, 330 (1997), affd. 208 F.3d 205 (3d              
          Cir. 2000).  Formation of a contract requires the mutual assent             
          of the parties to its essential terms, and mutual assent                    
          generally requires an offer and an acceptance.  Id.                         




               6 On brief respondent raises alternative defenses to the               
          alleged contract.  We need not address these arguments as the               
          general principles of contract law are sufficient to guide us in            
          our holding on this issue.                                                  





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