- 37 - letter to Mr. Burke dated December 20, 2006; that Mr. Burke orally accepted respondent’s offer on behalf of petitioner and petitioner’s family during Mr. Burke’s telephone conference with Attorney Cardone on January 6, 2006; and that Attorney Cardone demonstrated that the parties had completed the global settlement agreement by sending to Mr. Burke the proposed stipulated decision, the proposed waiver, and the memoranda from Darren Drake and Gregory Drake, Jr.20 Consequently, petitioner contends that respondent’s Appeals officer erred in determining that the parties did not enter into a settlement agreement.21 Parties to a controversy before this Court may settle the matter by agreement. Dorchester Indus. v. Commissioner, 108 T.C. 320, 329 (1997), affd. without published opinion 208 F.3d 205 (3d Cir. 2000). The parties may not repudiate a valid settlement. Id. at 330. In the absence of fraud or mistake, we have declined to set aside a settlement that was duly executed by the parties and filed with the Court. Id. We do not, however, enforce a 20The aforementioned contentions are primarily set forth in petitioner’s “Motion to Compel Settlement”, which, for reasons set forth in this opinion, we deny. 21With respect to the global settlement, an attachment to the supplemental notice of determination states as follows: “Your representative and IRS Area Counsel attempted to reach settlement terms for this and other related cases. That attempt was unsuccessful.” Separately, the attachment stated: “In a telephone conversation on February 13, 2006, the Settlement Officer informed your representative that she did not agree that the case now included Mrs. Drake and that she would no longer hold the CDP case in abeyance in hopes of an outside settlement.”Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011