-2- underlying his requested decision.1 Petitioners object to respondent’s motion, asserting, as we understand it, that the decision to be entered in this case should be based not on the settlement stipulation but on figures computed by respondent during settlement negotiations. Respondent has filed with the Court a reply to petitioners’ opposition. For the reasons stated herein, we shall grant respondent’s motion. A controversy before this Court may be settled by the parties through stipulation. See Dorchester Indus. Inc. v. Commissioner, 108 T.C. 320, 329 (1997), affd. without published opinion 208 F.3d 205 (3d Cir. 2000). In that a stipulation is essentially a contract, see Stamos v. Commissioner, 87 T.C. 1451, 1455 (1986), general principles of contract law determine whether a settlement has been reached and, if so, whether the stipulation is binding and enforceable, see Dorchester Indus. Inc. v. Commissioner, supra at 330. Under such principles, we enforce a stipulation of settlement that has led to the cancellation of the trial, absent a showing of lack of formal consent, fraud, mutual mistake, or some similar ground; a mistake by just one party to a stipulation of settlement is not a sufficient ground to disregard the stipulation. See Dorchester Indus. Inc. v. Commissioner, 1 The parties agree on the decision to be entered in each of the other five referenced cases.Page: Previous 1 2 3 Next
Last modified: May 25, 2011