Robert D. Grossman, Jr. - Page 11

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          circumstances.  In Cluck we held that the taxpayer’s husband                
          would be precluded, by the duty of consistency, from contending             
          that he had a basis in the inherited property of more than the              
          $355,000 amount used in settling the estate tax litigation.  Id.            
          at 333.  We then went on to hold that the taxpayer should be                
          bound by her husband’s stipulation in the circumstances of that             
          case.  In the instant cases we do not find, and petitioner does             
          not contend, that respondent has benefited, fairly or unfairly,             
          by the stipulations in Betsy’s dockets as to the claimed                    
          concessions.                                                                
               As a result, Cluck is irrelevant to the instant cases,                 
          except by way of contrast.                                                  
               Finally, petitioner contends that our recent Court-reviewed            
          opinion in Dorchester Indus. Inc. v. Commissioner, 108 T.C. 320             
          (1997), supports his contention that respondent’s counsel--                 
               must live with the words he drafted in Stipulations filed              
               with the Court, regardless of his intention unless                     
               [respondent’s counsel] can show extreme facts, which would             
               entitle him to avoid a judgment.                                       
               Respondent does not seek in these proceedings to repudiate             
          the stipulations of settled issues in Betsy’s dockets; we do not,           
          in our determination herein, relieve respondent of any of those             
          stipulations.  We merely conclude that, under the language of               
          those stipulations petitioner is not entitled to the claimed                
          concessions.                                                                






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