Fountain Valley Transit Mix, Inc. - Page 14

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          held that we do not follow the Danielson rule unless required to            
          do so by Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970),               
          affd. 445 F.2d 985 (10th Cir. 1971), and has instead adopted a              
          "strong proof rule".  Anderson v. Commissioner, 92 T.C. 138, 171            
          (1989); Elrod v. Commissioner, 87 T.C. 1046, 1065-1066 (1986);              
          G.C. Servs. Corp. v. Commissioner, 73 T.C. 406, 412 (1979).                 
          Since the Court of Appeals for the Ninth Circuit, the Circuit to            
          which this case is appealable, has not explicitly adopted the               
          Danielson rule, see Schmitz v. Commissioner, 51 T.C. 306, 315-316           
          (1968), affd. sub nom. Throndson v. Commissioner, 457 F.2d 1022,            
          1025 (9th Cir. 1972), we will apply the "strong proof rule" which           
          we have adopted.  Under this rule, parol evidence is admissible             
          on the issue of whether a clear provision of an agreement was put           
          in the agreement by mistake.                                                
               The parties point out that in Estate of Craft v.                       
          Commissioner, 68 T.C. 249, 263 (1977), affd. 608 F.2d 240 (5th              
          Cir. 1979), we stated:                                                      
               where we are called upon to make a State law                           
               determination as to the existence and extent of legal                  
               rights and interests created by a written instrument,                  
               we must look to that State's parol evidence rule in                    
               deciding whether or not to exclude extrinsic evidence                  
               that bears on the disputed rights and interests under                  
               the instrument.                                                        



          2(...continued)                                                             
               its unenforceability because of mistake, undue influence,              
               fraud, duress, etc. * * *                                              




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