Opinion

Dorchester Indus. v. Comm'r

  • 108 T.C. 320
  • 108 T.C. No. 16
  • 1997 U.S. Tax Ct. LEXIS 16
Court
United States Tax Court
Filed
Apr 29, 1997
Status
Published
Author
Foley
On the bench
HALPERN
Cited by
85 cases
Authority
More cited than 10.1%

stating that "'A prerequisite to the formation of a contract is an objective manifestation of mutual assent to its essential terms'" (quoting Manko v. Commissioner, T.C. Memo. 1995-10)

How later courts described this case

  • stating that "'A prerequisite to the formation of a contract is an objective manifestation of mutual assent to its essential terms'" (quoting Manko v. Commissioner, T.C. Memo. 1995-10)
  • explaining that '" [t]his Court has declined to set aside a settlement' [agreement]" absent fraud or mutual mistake (quoting Manko v. Commissioner, T.C. Memo. 1995-10)
  • holding that the Court upholds stipulated settlements “[a]bsent a showing of lack of formal consent, fraud, mistake, or some similar ground”
  • explaining that a court will not set aside a settlement stipulation unless good cause is shown

Written by the judges who cited it.

Distinguished

  • Distinguished by Hunt v. United States, 94 F. Supp. 2d 665 (2000)

    1997 WL 210795, 108 T.C. 320 (1997), relied upon by Hunt, is distinguishable.
    District Court, D. MarylandApr 6, 2000Read it

The opinion

Foley, J., dissenting: With respect to the three 1993 docketed cases, I agree with the majority. We should hold the parties to their stipulation. If, however, a stipulation has not been filed with, or relied upon by, the Court, and either party objects to its enforcement, the stipulation generally should not be enforced. In Cole v. Commissioner, 30 T.C. 665, 674 (1958), affd. 272 F.2d 13 (2d Cir. 1959), we stated:

once a stipulation is filed by both sides, it is binding upon them. Cf. Fred M. Saigh, Jr., 26 T.C. 171 . But where, for whatever reason, the parties are not in agreement at the time the case is called for trial, it is wholly irrelevant in this connection that they may have been in agreement at some earlier time. * * *

I agree. With respect to the 1994 docketed case, we should not enforce the parties’ prior agreement.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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