Gary Benton Logsdon and Karen Ruth Logsdon - Page 15

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          adequately disclosed the lump-sum credit to respondent.  In their           
          reply brief, petitioners argue that they had attached a copy of             
          Mr. Logsdon's Form 1099R from the OPM to their tax return, and              
          such an attachment serves as adequate disclosure.  The parties,             
          however, stipulated that petitioners reported $11,808 of Mr.                
          Logsdon's lump-sum credit as income but that the return contains            
          no other entries or references to the balance of $51,065.                   
               The interpretation of a stipulation is determined primarily            
          by ascertaining the intent of the parties, and such intent is a             
          question of fact.  Stamos v. Commissioner, 87 T.C. 1451, 1455               
          (1986).  Ordinarily, a stipulation of fact is binding on the                
          parties, and we are constrained to enforce it.  Rule 91.  We                
          shall not permit a party to a stipulation to qualify, change, or            
          contradict the stipulation except where justice requires.  Rule             
          91(e).  The Court may modify or set aside a stipulation that is             
          clearly contrary to the facts revealed on the record.  Cal-Maine            
          Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989).                       
               Petitioners' position seeks to qualify the otherwise                   
          unambiguous stipulations.  Petitioners have not argued that                 
          justice requires that we permit them to qualify the stipulations.           
          There is no evidence in the record to support petitioners'                  
          contention that Mr. Logsdon's Form 1099R was attached to their              
          return.  The parties filed a copy of petitioners' 1991 return as            
          a joint exhibit.  No Form 1099R attachment was included with that           
          exhibit.  Accordingly, we conclude that petitioners did not                 

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