Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 68

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          authority to enforce our own Rules to provide a just result.                
          Rule 1(b); Goldsmith v. Bd. of Tax Appeals, 270 U.S. 117 (1926).            
          This includes the authority to enforce agreements reached under             
          our Rules.  Willamette Indus., Inc. v. Commissioner, T.C. Memo.             
          1995-150.  Implicit in the authority to enforce agreements                  
          reached under Rule 155(a) is the understanding that we enter                
          decisions in conformity with the agreed computation.  If the                
          Court’s interpretation of the decision was not in conformity with           
          the parties’ agreement and the Court’s Opinion, we had no basis             
          to enter the decision, and it should be vacated.  The alternative           
          is to enforce the parties’ agreed interpretation of the term                
          “overpayment”.                                                              
               I believe we have exceeded our statutory authority today,              
          but perhaps the most unfortunate aspect of today’s opinion is               
          that Rule 155(a) now becomes a trap for the parties before our              
          Court.  In this case, the Court did not review the agreed Rule              
          155 computations submitted by the parties before executing the              
          decision document. The adopted opinion determines that the Court            
          is prevented from considering the agreed computations after a               
          decision is entered, so the computation is ignored before and               
          after the decision is executed.  This effectively renders Rule              
          155(a) a nullity.  The agreed computation becomes irrelevant to             
          the outcome regarding the meaning and effect of the decision                








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