- 5 - settlement agreements where, shortly before trial, the parties agreed to a settlement and caused the vacation of the trial date. In such cases, we have held the settlements to be enforceable unless the moving party can show a lack of formal consent, mistake, fraud, or some similar ground. See Dorchester Indus., Inc. v. Commissioner, 108 T.C. 320, 335 (1997), affd. 208 F.3d 205 (3d Cir. 2000); Stamm Intl. Corp. v. Commissioner, 90 T.C. 315, 321-322 (1988). We believe that petitioner should be held to this more stringent standard, rather than that stated in rule 60 of the Federal Rules of Civil Procedure for vacation of decisions. Here, the parties reached a settlement shortly before trial, and the trial date was vacated as a result of that settlement. Our subsequent entering of the decision should not lessen the standard to which petitioner, as the moving party, must be held. Petitioner argues that the decision should be vacated for various reasons. First, petitioner objects to the decision because it does not show that his net tax due is $1,100. The $1,100 appears to reflect the difference between petitioner’s deficiency for 1999 ($4,878), and the amount of petitioner’s withholding credits for 1999 ($3,778), both of which are shown in the decision. Respondent agrees that petitioner’s net tax due for 1999 is $1,100, excluding interest. Because petitioner andPage: Previous 1 2 3 4 5 6 7 8 Next
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