Interhotel Company, Ltd. - Page 41




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          constructive distribution of $16,402 to IHCL.  Petitioner argues            
          that such correction cannot be made on remand; we disagree.                 
               The “law of the case” doctrine states that the decision of the         
          appellate court must be respected on remand, but the binding effect         
          of this doctrine does not extend to issues the appellate court did          
          not address.  United States v. Cote, 51 F.3d 178, 181 (9th Cir.             
          1995).  Under the similar, but broader “rule of mandate”, we may            
          not entertain a proceeding inconsistent with the remand.  Id.               
          Neither doctrine precludes a technical correction to reflect an             
          earlier agreement of the parties that was neither affirmed nor              
          addressed by the Court of Appeals when it vacated and remanded our          
          earlier decision.  The decision should reflect the correct tax              
          liability.                                                                  
               To reflect the foregoing and the parties’ concessions,                 


                                                  Decision will be entered            
                                             under Rule 155.                          


















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