- 8 - record, but Petitioner does not presently have a transcript copy to attach hereto. 5. In light of Petitioner's intent, the direction of Judge Couvillion and Petitioner's right to due process, Petitioner desires that this case proceed to trial on other issues, and that Respondent's Motion for Entry of Decision be denied. Petitioner misconstrues what the Court said or indicated at the time the stipulation was filed. The Court intended to allow petitioner the opportunity to litigate other issues in the instant case, which were unrelated to the issues in the 1987 case, if there were any unrelated issues. At the time, the Court had not compared the opinions of this Court and the Court of Appeals as to the 1987 case with the pleadings in the instant case for the years 1988, 1989, and 1990. A review of both court opinions regarding petitioner's 1987 tax year and the pleadings in the instant case for the subsequent years indicates that there are no unrelated issues to be heard. The instant case involves the same issue that was decided by this Court and affirmed by the Court of Appeals. Kochansky v. Commissioner, T.C. Memo. 1994- 160, affd. in part, revd. in part 92 F.3d 957 (9th Cir. 1996). The stipulation in the instant case states unequivocally that the parties agreed "to be bound to the final outcome" of the 1987 case. There were no qualifying conditions or provisions in the stipulation of the instant case that would allow petitioner to assert a different legal theory as to the character of the income at issue for the years 1988, 1989, and 1990.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011