Dorchester Industries Incorporated, et al. - Page 36

                                       - 36 -                                         
               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.                                       
























Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  

Last modified: May 25, 2011