- 41 - 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41
Last modified: May 25, 2011