- 18 - this reason, we refuse to allow petitioner to assert that decedent had less than the full beneficial ownership of the redeemed shares. The doctrine of judicial estoppel also supports our refusal to allow petitioner to raise the issue of decedent’s ownership in the redeemed stock. While the contours of the doctrine of judicial estoppel are not yet fully settled,13 we have held that the doctrine of judicial estoppel is available in the Tax Court. See Huddleston v. Commissioner, 100 T.C. 17 (1993). In Helfand v. Gerson, 105 F.3d 530, 534 (9th Cir. 1997), the Court of Appeals for the Ninth Circuit summarized the doctrine, stating: “Judicial estoppel, sometimes also known as the doctrine of preclusion of inconsistent positions, precludes a party from gaining an advantage by taking one position, and then seeking a second advantage by taking an incompatible position.” Rissetto v. Plumbers and Steamfitters Local 343, 94 F.3d 597, 600 (9th Cir. 1996). It is an equitable doctrine intended to protect the integrity of the judicial process by preventing a litigant from “playing fast and loose with the courts.” Russell v. Rolfs, 893 F.2d 1033, 1037 (9th Cir.1990), (quoting Rockwell Int’l Corp. v. Hanford Atomic Metal Trades Council, 851 F.2d 1208, 1210 (9th Cir.1988)), 13 The doctrine of judicial estoppel is a vintage doctrine whose popularity varies from court to court nearly as greatly as its contours do. And yet, it is gaining renewed currency. The Ninth Circuit Court of Appeals is one of the courts to have infused it with renewed life and vigor. That court applied judicial estoppel most recently to an estate planning case in Hawaii. * * * [Sumner v. Michelin N. Am., Inc., 966 F. Supp. 1567, 1571 (M.D. Ala. 1997) (referring to Helfand v. Gerson, 105 F.3d 530 (9th Cir. 1997)).]Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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