- 5 - understatement additions for 1986 and 1987, the years of the largest deficiencies. Despite their stipulations, petitioners now claim in their computation for entry of decision under Rule 155 they are not liable for the taxes and additions determined by the Court for 1986 and 1987, because the notice of deficiency was issued more than 3 years after they filed their income tax returns. They claim they do not fall within section 6501(e)(1)(A)(i) which provides a 6-year statute of limitations if the taxpayer omits from gross income more than 25 percent. Although they raised this affirmative defense in their petition (which respondent denied in the answer), they did not mention it as an issue in their opening statement at trial, on opening brief or reply brief, or in their motion for reconsideration of our opinion. Respondent, and the Court, had every reason to believe this argument had been waived. More importantly, par. 64 of the stipulation states: "The petitioners agree that they are liable for deficiencies in tax in the amounts of $3,250.00, $38,268.00, $17,071.00, and $7,345.00 for tax years 1985, 1986, 1987, and 1988, respectively." (Emphasis added.) Rule 91(e) provides that a stipulation shall be treated, to the extent of its terms, as a conclusive admission by the parties to the stipulation, unless otherwise permitted by the Court, or agreed upon by those parties. The Court will not permit a partyPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011