E. Warren Goss - Page 3

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          had recently reached a basis of settlement and would like                   
          additional time to submit to the Court a stipulated decision                
          document reflecting that settlement.  Subsequently, after trying            
          unsuccessfully to secure a stipulated decision document from                
          petitioner, respondent filed the instant motion with the Court.             
          The motion states that the computations flowing from the                    
          settlement agreement result in a $33,146 deficiency in                      
          petitioner’s 1997 Federal income tax and a $8,286.50 addition               
          thereto under section 6651(a)(1).  In response to respondent’s              
          motion, petitioner argues that the settlement agreement is                  
          incorrect in that the $30,000 of rental income shown in the                 
          agreement is already reflected in the $127,000 of gross receipts            
          also shown in the agreement.  Respondent argues that the $30,000            
          of rental income is in addition to the $127,000 of gross                    
          receipts.                                                                   
               We have consistently held that settlement agreements are               
          subject to the application of general principles of contract law.           
          See Robbins Tire & Rubber Co. v. Commissioner, 52 T.C. 420,                 
          435-436, supplemented by 53 T.C. 275 (1969).  Absent a showing of           
          lack of formal consent, fraud, mistake, or some other similar               
          ground, a settlement agreement that has led to cancellation of              
          the trial will be upheld.  See Dorchester Indus. Inc. v.                    
          Commissioner, 108 T.C. 320 (1997), affd. 208 F.3d 205 (3d Cir.              
          2000).  Petitioner claims that the Court should disregard the               






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