-4-
Street, Calhoun, Georgia. Petitioner made deposits in his
checking and savings accounts totaling $24,300 in 1991, $90,120
in 1992, and $126,141 in 1993.
Petitioner married Tonia Judd (Tonia) in April 1991, and
they were divorced on December 5, 1991.3 During the divorce
proceedings, petitioner withdrew $11,000 from his bank accounts,
including the proceeds of three certificates of deposit.4 He
transferred $6,000 to a cousin and $5,000 to a friend, because of
his fear that his wife "might get some of the money." Later that
year, after the divorce papers were signed, the transferees
returned the money, plus interest, by check, and petitioner
redeposited the funds in his checking account.
Petitioner became a resident alien in 1991. Prior to that
time, petitioner's immigration status did not permit him
employment. The terms of the visa notwithstanding, petitioner
3
The stipulated date of the divorce is Dec. 5, 1990; however,
the date on the divorce decree entered into evidence is Dec. 5,
1991. While stipulations are not set aside lightly, we have
broad discretion in determining whether to hold a party to a
stipulation. Blohm v. Commissioner, 994 F.2d 1542, 1553 (11th
Cir. 1993), affg. T.C. Memo. 1991-636. The evidence in the
record demonstrates the stipulated date is simply incorrect. We
are not bound by stipulations of fact that appear contrary to the
facts disclosed by the record. Rule 91(e); Blohm v. Commissioner,
supra (citing Mead's Bakery, Inc. v. Commissioner, 364 F.2d 101,
106 (5th Cir. 1966), revg. T.C. Memo. 1964-104). We, therefore,
find as fact that the date of petitioner's divorce is Dec. 5,
1991.
4 On Mar. 11, 1991, three 6-month certificates of deposit that
petitioner owned in the total amount of $4,000 matured, and
petitioner received $146 of interest.
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