Poison Creek Ranches #1, Ltd., Poison Creek Ranches #2, Ltd., Poison Creek Ranches #3, Ltd., Poison Creek Ranches #4, Ltd., Walter J. Hoyt, III, Tax Matters Partner, et al. - Page 19

                                       - 19 -                                         

          the provision limiting the number of cattle held subject to                 
          depreciation.                                                               
               In the alternative, petitioner argues that because                     
          respondent calculated lower interest payable by the partnerships            
          for the years in issue consistent with the agreement, the                   
          partnerships paid cash to Ranches in excess of the amounts due in           
          some of the years.  This cash, petitioner asserts, should be                
          applied to any future principal and interest due on the notes               
          payable to Ranches before the partnerships recognize any ordinary           
          income on the transfer of cattle in payment.                                
               Respondent argues that the stipulation clearly negates any             
          claim that the partnerships made payments on the notes with cash            
          and that petitioner is bound by the stipulation.                            
               The Court will hold the parties bound by a stipulation                 
          unless justice requires otherwise.  Rule 91(e).  The Court may              
          modify or set aside a stipulation that is clearly contrary to the           
          facts revealed on the record.  Cal-Maine Foods v. Commissioner,             
          supra.                                                                      
               Petitioner attached schedules entitled "Partnerships Cash              
          Reconciliation" to petitioner's posttrial brief for each of the             
          years 1980 through 1986.  This exhibit is not considered to be              
          evidence.  Rule 143(b).  Petitioner also argues that the                    
          stipulations entered in two other cases are evidence in support             
          of his position.  Stipulations have effect in the cases in which            





Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011