- 25 - agreed and unagreed facts; however, petitioners declined to execute either stipulation or to otherwise cooperate in the process. Further, petitioners had raised matters that clearly implicated factual issues. Thus, petitioners had questioned the effective date of petitioner's election to transfer from the Retirement System to the Pension System; petitioners had challenged the validity of that election; and petitioners had raised the fundamental issue of causation; i.e., the reason why the Transfer Refund had been paid. Indeed, petitioners alleged that "But for his retirement, Mr. Wittstadt would not have elected to receive the lump-sum payment and no such distribution would have been made." Third, the Court did not deny petitioners' motion with prejudice. Thus, petitioners were free to cure the defects as identified by the Court at the hearing on April 20, 1994, and refile their motion. However, they chose not to do so.14 Fourth, the initial Transfer Refund case, Hylton v. Commissioner, T.C. Memo. 1995-27, was decided after a trial at 14 In addition, submission of the case by the parties on a fully stipulated basis pursuant to Rule 122 provided an alternative to trial. However, the record is silent regarding any effort by petitioners to encourage respondent to submit the case on that basis. We find this curious in view of petitioners' contention that there were no genuine issues of material fact in this case. We note that Brown v. Commissioner, T.C. Memo. 1995- 93, revd. without published opinion per curiam 97 F.3d 1446 (4th Cir. 1996), was decided by this Court on a fully stipulated basis.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011