Sylwester A. Slojewski - Page 8

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          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.               




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