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FOLEY, J., dissenting: With respect to the three 1993
docketed cases, I agree with the majority. We should hold the
parties to their stipulation. If, however, a stipulation has not
been filed with, or relied upon by, the Court, and either party
objects to its enforcement, the stipulation generally should not
be enforced. In Cole v. Commissioner, 30 T.C. 665, 674 (1958),
affd. 272 F.2d 13 (2d Cir. 1959), we stated:
once a stipulation is filed by both sides, it is
binding upon them. Cf. Fred M. Saigh, Jr., 26 T.C.
171. But where, for whatever reason, the parties are
not in agreement at the time the case is called for
trial, it is wholly irrelevant in this connection that
they may have been in agreement at some earlier time.
* * *
I agree. With respect to the 1994 docketed case, we should not
enforce the parties' prior agreement.
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