- 6 - revise a decision rests within the Court’s discretion. Vaughn v. Commissioner, 87 T.C. 164, 166-167 (1986). The Court has applied a stringent standard in evaluating motions to vacate settlement agreements where, shortly before trial, the parties have agreed to a settlement and caused the trial date to be vacated. 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). Moreover, a settlement is generally binding irrespective of whether it is correct on the merits. See, e.g., Lamanna v. Commissioner, T.C. Memo. 2003-110, affd. in part, vacated and remanded in part 107 Fed. Appx. 723 (9th Cir. 2004). We believe that petitioner should be held to this stringent standard. Here the parties reached a settlement shortly before trial, and the trial date was vacated as a result of that settlement. Petitioner argues that Rule 155 applies to this case and therefore alleges that the Court should not have entered its decision because the Clerk of the Court did not serve petitioner with a notice of the filing of respondent’s motion for entry of decision. Petitioner alleges that respondent was aware thatPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011