Haffner's Service Stations, Inc. - Page 19




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               Absent the parties’ stipulation to the contrary, this case             
          is appealable to the Court of Appeals for the First Circuit.                
          Sec. 7482(b)(1) and (2).  Thus, we shall apply that court’s                 
          jurisprudence to the extent it is squarely in point.  Golsen v.             
          Commissioner, 54 T.C. 742, 757 (1970) (“better judicial                     
          administration requires us to follow a Court of Appeals decision            
          which is squarely in point where appeal from our decision lies to           
          that Court of Appeals and to that court alone”), affd. 445 F.2d             
          985 (10th Cir. 1971); see also Lardas v. Commissioner, 99 T.C.              
          490, 494-495 (1992) (Golsen rule should be construed narrowly and           
          applied only if “a reversal would appear inevitable, due to the             
          clearly established position of the Court of Appeals to which an            
          appeal would lie”).  We have found no case of the Court of                  
          Appeals for the First Circuit that squarely addresses the                   
          disputed compensation issue; nor have the parties referenced one.           
          Accordingly, as a national court, we analyze this issue on the              
          basis of our view of the law.                                               


















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