Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 67

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          Interlake Corp. v. Commissioner, supra, and which petitioner                
          through its old counsel had waived in entering into the                     
          stipulation of settled issues that respondent asks us to enforce            
          by entering a decision thereon.  Petitioner’s strategy appeared             
          to succeed when the bankruptcy court opined that the 1985                   
          tentative refund was uncollectible by summary assessment because            
          it was a nonrebate refund.  Petitioner then tried to get even               
          more mileage out of its nonrebate argument with respect to the              
          1981 and 1984 tentative refunds in this Court.  However,                    
          petitioner had to phrase its argument as a jurisdictional                   
          challenge, because it had agreed in the stipulation of settled              
          issues to repay the tentative refunds.  We have rejected that               
          challenge and shall enforce the stipulation of settled issues in            
          accordance with its terms.                                                  
               In light of the foregoing,                                             
                                             Respondent’s motion for                  
                                        entry of decision will be                     
                                        granted, and decision will be                 
                                        entered in accordance with the                
                                        stipulation of settled issues.                












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