- 10 - those previously asserted by the parties and accepted by courts and that would result in inappropriate and prejudicial consequences to the courts.” Huddleston v. Commissioner, supra at 26. The doctrine focuses on the relationship between a party and the courts, and it is intended to protect the latter. See In re Cassidy, 892 F.2d 637, 641 (7th Cir. 1990). Whether or not to apply the doctrine is within the court’s sound discretion. It should be applied with caution in order “to avoid impinging on the truth-seeking function of the court because the doctrine precludes a contradictory position without examining the truth of either statement.” Daugherty v. Commissioner, T.C. Memo. 1997- 349 (citing Teledyne Indus., Inc. v. NLRB, 911 F.2d 1214, 1218 (6th Cir. 1990)). We refuse to apply the doctrine of judicial estoppel in the present case. Assuming arguendo that Mr. Lane’s position in this proceeding (that the policy was for Ms. Marten’s support) is inconsistent with the position he took before the superior court (that the policy was for Niklas’ care), there is no resulting inappropriate or prejudicial consequence to this Court by hearing his argument. We stated in Marten I that “it appears that at least part of the premium payments was to ensure Niklas’ continued care.” We nonetheless concluded that the premium payments were alimony pursuant to pre-DEFRA section 71 and Lester v. Commissioner, 366 U.S. 299 (1961). In Lester v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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