Betty J. Shackelford - Page 14

                                         - 14 -                                       
          Rule 91(e) provides that "A stipulation and the admissions therein          
          shall be binding and have effect only in the pending case and not           
          for any other purpose, and cannot be used against any of the                
          parties thereto in any other case or proceeding."                           
               While we may not take a stipulated fact in one case and use it         
          to find facts in another case, we think that we do have the ability         
          to prevent inconsistent results in the situation before us.  We             
          have previously held that we may apply equitable principles to              
          decide a matter over which we have jurisdiction, Woods v.                   
          Commissioner, 92 T.C. 776, 787-788 (1989).  Such equitable                  
          principles include the doctrine of judicial estoppel, Reynolds v.           
          Commissioner, 861 F.2d 469, 472 (6th Cir. 1988), revg. T.C. Memo.           
          1987-261; Huddleston v. Commissioner, 100 T.C. 17, 28 (1993).  The          
          doctrine of judicial estoppel protects the integrity of the                 
          judicial process by preventing a party from successfully asserting          
          one position before a court and thereafter asserting a completely           
          contradictory position before the same or another court merely              
          because it is now in that party's interest to do so.  Reynolds v.           
          Commissioner, supra at 472; Huddleston v. Commissioner, supra at            
          26.  Such manipulation of the judicial process has been                     
          characterized by the courts as "cynical gamesmanship * * * to suit          

          7(...continued)                                                             
          Cir. 1987); United States v. Wilson, 631 F.2d 118, 119 (9th Cir.            
          1980); St. Louis Baptist Temple, Inc. v. FDIC, 605 F.2d 1169,               
          1172 (10th Cir. 1979).  "Judicial notice is particularly                    
          applicable to the court's own records of prior litigation closely           
          related to the case before it."  St. Louis Baptist Temple, Inc.             
          v. FDIC, supra at 1172.                                                     



Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011