Christine A. Dormer - Page 15

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          Commissioner, 122 T.C. 133, 138 (2004); Robbins Tire & Rubber Co.           
          v. Commissioner, supra at 435-436.  In general, such settlements            
          will not be set aside in absence of fraud or mutual mistake.                
          Dutton v. Commissioner, supra at 138; Dorchester Indus. Inc. v.             
          Commissioner, supra at 330; Stamm Intl. Corp. v. Commissioner, 90           
          T.C. 315, 320-321 (1988); Korangy v. Commissioner, T.C. Memo.               
          1989-2, affd. 893 F.2d 69 (4th Cir. 1990); see also sec.                    
          301.7122-1(e)(5), Proced. & Admin. Regs.  A unilateral mistake is           
          not enough to justify relief from an otherwise valid settlement.            
          Stamm Intl. Corp. v. Commissioner, supra at 320-321; Korangy v.             
          Commissioner, supra.  As noted by this Court in quoting 3 Corbin            
          on Contracts, section 608 (1960):                                           
                    “If the mistake of one party to a written                         
               instrument is in thinking that it contains a larger                    
               promise by the other party than in fact it does, and                   
               the other party has no reason to know of this mistake,                 
               of course the mistaken party cannot hold the other to                  
               the large promise that he did not make, by getting                     
               reformation or otherwise. * * * ” [Korangy v.                          
               Commissioner, supra.]                                                  
          II.  Analysis                                                               
               The petition in the instant case was filed on June 30, 2003.           
          The parties had agreed to the $4,244.75 figure at issue here on             
          May 29, 2002, and had executed the pertinent Form 12257 in June             
          of 2002.  Hence, we deal in this scenario with the import of a              
          prepetition administrative settlement.                                      
               As previously mentioned, petitioner’s argument here rests on           
          the idea that she settled or compromised her 1998 liabilities in            





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