George A. Lovenguth - Page 9




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          other contract.”  We do regard settlement stipulations as                   
          contracts, requiring proof of mutual mistake, coercion, duress,             
          or some other contractual defenses before we would choose not to            
          enforce them.  See, e.g., Korangy v. Commissioner, 893 F.2d 69,             
          72 (4th Cir. 1990) (unilateral mistake), affg. T.C. Memo. 1989-2;           
          Saigh, 26 T.C. at 180 (reliance on false representation of the              
          other party).                                                               
               But in this case Lovenguth has asked us to set aside only a            
          “stipulation of fact” drafted in preparation for trial.  And, as            
          we noted in Stamm Intl. Corp. v. Commissioner, 90 T.C. 315, 321             
          (1988), “more stringent standards” should be applied to motions             
          to vacate a settlement agreement than to pretrial stipulations of           
          fact.  We do allow relief from both types under general                     
          principles of contract law, see Mathia v. Commissioner, T.C.                
          Memo. 2007-4; Markin v. Commissioner, T.C. Memo. 1989-665, but              
          the plain language of our rule governing pretrial stipulations--            
          allowing relief from stipulations if justice requires--allows us            
          to consider factors that might not be sufficient to upset a                 
          contract.                                                                   
               The most common situation is where the stipulation is                  
          contrary to facts brought out at trial.  See Blohm, 994 F.2d at             
          1553; Jasionowski v. Commissioner, 66 T.C. 312, 318 (1976).  It             
          is true that there has been no trial here, but such cases are               
          still relevant for showing that something less than a contractual           







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