- 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
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