- 8 - to disregard a portion of that stipulation. Rule 91(e) (the Court has broad discretion to disregard stipulations where contrary to facts disclosed by the record); Estate of Eddy v. Commissioner, 115 T.C. 135, 137 n.2 (2000). At trial, respondent contended that the girls resided with Ms. Kennedy for 199 days during the 2000 tax year. Petitioner contended that the girls lived with him for at least 191 days during 2000.4 The documentary evidence introduced at trial to establish where Bianca and Alexa resided during 2000 included the following: (1) Ms. Kennedy’s contemporaneous calendar with handwritten notations for the year at issue, which recorded when her daughters resided with her, her work schedule, and other personal events, but with a number of items redacted; (2) American Airlines records indicating Ms. Kennedy’s travel schedule, flights on which she worked, her nonrevenue travel purchases, and layovers; (3) a contemporaneous calendar kept by petitioner’s mother, Alice Kennedy, reflecting visits from Bianca and Alexa and other personal events; and (4) a contemporaneous boat log recording petitioner’s use of his trawler, including passenger references. Petitioner himself did not keep a year- long contemporaneous calendar. On a number of dates in 2000, entries in these various contemporaneous records conflicted with 4 On brief, petitioner asserted that the girls lived with him for 196 days during that year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011