Hospital Corporation of America and Subsidiaries - Page 94

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          question because respondent is not able to review the methods and           
          assumptions underlying petitioners' actuary's work inasmuch as              
          petitioners did not supply sufficient information and they did              
          not reconcile the actuarial information presented at trial with             
          the annual statements of Parthenon and PCIC.  We view                       
          respondent's substantiation argument as a separate issue from               
          whether Mr. Merlino's adjustments are correct, and, thus, that              
          position is contrary to the parties' stipulation.  In the Tax               
          Court, a stipulation is treated as a conclusive admission by the            
          parties, and the Court will not permit a party to change or                 
          contradict a stipulation, except in extraordinary circumstances.            
          Rule 91(e); Jasionowski v. Commissioner, 66 T.C. 312, 318 (1976).           
          We find no extraordinary circumstances present here to cause us             
          to disregard the stipulation.  Accordingly, we do not address               
          respondent's argument that petitioner failed to provide                     
          sufficient information or to reconcile the actuarial information            
          presented at trial with the annual statements of Parthenon and              
          PCIC.                                                                       
               To reflect the foregoing,                                              

          Decisions will be entered                                                   
          under Rule 155.                                                             









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