- 15 - of Quirk v. Commissioner, 60 T.C. 520, 521 (1973).10 This is particularly true if the party has disregarded those procedures intentionally. As we have already stated, petitioners' counsel should not have executed the stipulated decision and waited to file the instant motions until 89 days after its entry if he did not intend the stipulated decision to be conclusive as to litigation costs. However, by so doing, he signaled to the Court, as well as respondent, that all of the issues in the case, specifically including the issue of litigation costs, had been resolved by the parties. As a consequence, the Court struck this case from the February 28, 1994, trial session in San Diego. In contrast, if a stipulation of settled issues had been filed, the Court would have known that the issue of litigation costs remained in the case and might have been able to entertain that issue at the San Diego trial session. Regardless, the fact remains that the integrity of the Court's Rules was compromised through 10 "The Rules of this Court were adopted for serious reasons and are not to be taken lightly. Time limitations, for example, are necessary to ensure the speedy and efficient disposition of cases so that evidence and witnesses will not grow stale. Litigation before this Court would be significantly slowed if we routinely countenanced violations of the time limitations set by our Rules. And, of course, respondent must be held to the same strict observance of the Rules that we require of taxpayers." Estate of Quirk v. Commissioner, 60 T.C. 520, 521 (1973).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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