- 8 - a child care expense credit, or an education credit. New issues raised after a stipulation of settlement has been executed which are not based on lack of consent, mistake, or fraud are not sufficient grounds to vacate the stipulation of settlement, nor to vacate an order and decision entered as a result of the stipulation of settlement. See Brewer v. Commissioner, T.C. Memo. 2005-10. Finally, we conclude that respondent properly advised the Court that petitioner objected to respondent’s motion for entry of decision as provided in Rule 50(a). Paragraph 15 of respondent’s motion for entry of decision states: “Counsel for petitioner objects to the granting of this motion.” In summary, petitioner has not shown that there was a lack of formal consent, mistake, fraud, or some similar ground for vacating the stipulation of settlement, nor has he cited any ground or precedent that would support his motion to vacate our order and decision. Consequently, we shall deny petitioner’s motion to vacate order and decision. In reaching our holding herein, we have considered all arguments made, and, to the extent not mentioned above, we conclude that they are irrelevant or without merit. An order will be issued denying petitioner’s motion to vacate order and decision.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011