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These stipulations are binding, unless the parties agree
otherwise or the Court relieves a party from the binding effect
“where justice requires.” Rule 91(e).7
The parties have not informed the Court of any agreement to
modify the binding effect of the plain statements in stipulation
10 and the corroborative statements in stipulations 9, 11, and
12. Petitioners have not asked the Court to relieve them from
stipulation 9, 10, 11, or 12. We do not find anything in the
record in the instant case that suggests that justice requires
that we relieve petitioners from any such binding effect.
Accordingly, the parties’ stipulations resolve this matter--
the notice of deficiency was issued and mailed to petitioners by
certified mail on October 22, 1997. See, e.g., Bail Bonds by
7RULE 91. STIPULATIONS FOR TRIAL
* * * * * * *
(e) Binding Effect: A stipulation shall be treated, to
the extent of its terms, as a conclusive admission by the
parties to the stipulation, unless otherwise permitted by
the Court or agreed upon by those parties. The Court will
not permit a party to a stipulation to qualify, change, or
contradict a stipulation in whole or in part, except that it
may do so where justice requires. A stipulation and the
admissions therein shall be binding and have effect only in
the pending case and not for any other purpose, and cannot
be used against any of the parties thereto in any other case
or proceeding.
Unless indicated otherwise, all Rule references are to the
Tax Court Rules of Practice and Procedure.
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Last modified: May 25, 2011