Gregory Drake - Page 37

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            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.”                              





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