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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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