Richard W. Kochansky and Monica L. Miller, f.k.a. Monica L. Kochansky - Page 3

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                  Essentially, the stipulation is an agreement by the parties                         
            to be bound by the outcome of an appellate case involving                                 
            petitioner's 1987 tax year, which, at the time this case was                              
            calendared for trial, was pending before the United States Court                          
            of Appeals for the Ninth Circuit.  The litigation in the                                  
            appellate case also originated with this Court, the results of                            
            which are set out in Kochansky v. Commissioner, T.C. Memo. 1994-                          
            160.  The appeal in that case was not resolved until sometime                             
            after the stipulation in the instant case was filed.  In                                  
            Kochansky v. Commissioner, 92 F.3d 957 (9th Cir. 1996), the Court                         
            of Appeals affirmed in part and reversed in part T.C. Memo. 1994-                         
            160 regarding petitioner's 1987 tax year.  The deficiency in tax                          
            and the imposition of additions to tax under sections 6651(a)(1)                          
            and 6661 were affirmed, and the imposition of the addition to tax                         
            under section 6653(a) was reversed.  The decision, as thus                                
            modified, thereafter became final.                                                        
                  Following petitioner's failure to execute decision documents                        
            in the instant case in accordance with the stipulation,                                   
            respondent filed the motion for entry of decision.                                        
                  The decision documents prepared by respondent are in                                
            accordance with the holding of the Court of Appeals for                                   










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