- 9 - 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 contractualPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007