- 15 - We are not persuaded by this argument. Even if the cattle transferred were depreciable registered shorthorn heifers, petitioner has stipulated that the cattle had zero basis, and as explained above, we will not set aside this stipulation. Therefore, the cattle would be fully depreciated and outside of 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, in some of the years they paid cash to Hoyt & Sons Ranches in excess of the amounts due. This cash, petitioner asserts, should be applied to any future principal and interest due on the notes payable to Hoyt & Sons 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 they are 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 which 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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