- 3 - parties’ stipulation of settlement was filed. In the stipulation, the parties agreed that the same issues were present in El Charro I and that a “Notice of Appeal was filed with [the Tax Court by the petitioner in this case] appealing * * * [El Charro I] to the 5th Circuit.” The operative paragraphs of the parties’ stipulation are as follows: 5. If the Circuit Court determines the income forecast method of depreciation is not a proper method for depreciating the rental units inventory of the taxpayer in * * * [El Charro I] the parties agree that the above adjustments shall be resolved as if the petitioner in this case were the same as the taxpayer in * * * [El Charro I]. In that event, a decision shall be submitted in this case when the decision in * * * [El Charro I] becomes final under I.R.C. � 7481. 6. If the Circuit Court does not determine the income forecast method of depreciation is an improper method for depreciating the rental inventory of the taxpayer in * * * [El Charro I], there remains in dispute in this case the application of the income forecast method to the petitioner’s rental units inventory. In that event, no new evidence will be introduced by the parties and the issue will require briefing by the parties. During the time the appellate case was pending before the Court of Appeals for the Fifth Circuit, the parties in this case submitted status reports. Eventually, they advised that on February 14, 1996, the Court of Appeals for the Fifth Circuit, without published opinion, affirmed this Court's opinion in El Charro I. On May 1, 1996, the Court of Appeals for the FifthPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011