John F. Daugharty and Sarah R. Daugharty - Page 21

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            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."                                                




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