Don M. Ticinovich - Page 6




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          Cir. 2000).  A settlement is a contract, and general principles             
          of contract law apply in interpreting the settlement.  Id. at 330           
          (citing Robbins Tire & Rubber Co. v. Commissioner, 52 T.C. 420,             
          435-436, supplemented by 53 T.C. 275 (1969)).  A settlement may             
          be reflected in a formal written agreement or more informally,              
          such as in an offer and acceptance made by an exchange of                   
          letters.  Id. (citing Lamborn v. Commissioner, T.C. Memo. 1994-             
          515).  Written settlement agreements are enforced as binding                
          agreements.  Id. (citing Haiduk v. Commissioner, T.C. Memo. 1990-           
          506).                                                                       
               Ordinarily, once a settlement has been reached, it cannot be           
          repudiated by either party.  Id.  However, we may relieve a party           
          of an otherwise binding settlement agreement if the party can               
          show a lack of formal consent, fraud, mutual mistake, or other              
          similar ground.  Id. at 335; Revell v. Commissioner, T.C. Memo.             
          2007-37; see also Stamm Intl. Corp. v. Commissioner, 90 T.C. 315,           
          321-322 (1988).                                                             
               Both parties signed the stipulation in this case creating an           
          enforceable, binding settlement agreement between them.  Counsel            
          for respondent notified the Court on the day of trial that a                
          settlement had been reached between the parties and lodged the              
          stipulation on behalf of both parties.  Based on the parties’               
          representation that a settlement of all outstanding issues had              








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