- 9 - ascertainable economic benefits under the policy in the years at issue; therefore, she constructively received the premium payments. Ms. Marten also argues in her motion for further reconsideration that Mr. Lane should be judicially estopped from denying that the premium payments were intended for Niklas’ health care. Ms. Marten claims that Mr. Lane’s present position that the policy was for her support is inconsistent with his prior position before the superior court (which that court accepted) that the policy was to provide for Niklas’ care. The Tax Court, as well as most Federal Courts of Appeals, have accepted the doctrine of judicial estoppel.4 See Helfand v. Gerson, 105 F.3d 530 (9th Cir. 1997); United States ex rel. Am. Bank v. C.I.T. Constr., Inc., 944 F.2d 253, 257-259 (5th Cir. 1991); McKinnon v. Blue Cross & Blue Shield, 935 F.2d 1187, 1192- 1193 (11th Cir. 1991); Allen v. Zurich Ins. Co., 667 F.2d 1162, 1166-1168 (4th Cir. 1982); Huddleston v. Commissioner, 100 T.C. 17, 27-29 (1993). But see Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1520 n.10 (10th Cir. 1991). Judicial estoppel is an equitable doctrine which operates to “prevent parties from taking positions that are inconsistent with 4 We note that the Court of Appeals for the Ninth Circuit, the court to which this case is appealable, has adopted the doctrine of judicial estoppel. See Helfand v. Gerson, 105 F.3d 530 (9th Cir. 1997); Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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