Sylwester A. Slojewski - Page 6

                                        - 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 that                





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011