- 21 - contradictory position before the same or another court when it is in that party's interest to do so. Edwards v. Aetna Life Ins. Co., 690 F.2d 595, 599 (6th Cir. 1982); Huddleston v. Commissioner, 100 T.C. 17, 26 (1993). Such manipulation of the judicial process has been characterized as "cynical gamesmanship * * * to suit an exigency of the moment", Teledyne Indus., Inc. v. NLRB, 911 F.2d 1214, 1218 (6th Cir. 1990); "blowing hot and cold", Allen v. Zurich Ins. Co., 667 F.2d 1162, 1167 n.3 (4th Cir. 1982); and "playing fast and loose with the courts", Scarano v. Central R.R., 203 F.2d 510, 513 (3d Cir. 1953). In Huddleston v. Commissioner, supra at 28-29, this Court held: the doctrine of judicial estoppel is available in the Tax Court to be used in appropriate cases * * * to prevent parties from taking positions that are inconsistent with those previously asserted by the parties and accepted by courts and that would result in inappropriate and prejudicial consequences to the courts.[8] We also explained: Acceptance by a court does not mean that the party being estopped prevailed in the prior proceeding with 8Federal standards govern the application of judicial estoppel in Federal court. In Warda v. Commissioner, 15 F.3d 533, 538 n.4 (6th Cir. 1994), affg. T.C. Memo. 1992-43, the Court of Appeals for the Sixth Circuit explained: "This is because the doctrine is designed to protect the integrity of judicial institutions, and because the question (when presented in federal court) primarily concerns federal interests."Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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