- 11 - were entered into after careful negotiations or through inadvertence or honest lack of ability. Courts are unlikely to grant relief from stipulations arrived at through bargaining and “considerable negotiation,” Associated Beverages, 287 F.2d at 263, or stipulations which were “negotiated extensively,” Markin, T.C. Memo. 1989-665. But when a party has stipulated inadvertently and honestly, courts may justifiably grant him relief. See, e.g., United States v. Montgomery, 620 F.2d 753, 757 (10th Cir. 1980); Jenkins, T.C. Memo. 1988-326. This case--at least before counsel stepped in to help Lovenguth--falls more on the side of Jenkins and Montgomery. Lovenguth was not represented when the stipulations were being drafted; the stipulations themselves were not so much negotiated as given to him to sign; and all this happened well before posttrial briefing or appeal. The Commissioner argues that Lovenguth should have to show that a failure to modify the stipulations would prejudice him. See Adams v. Commissioner, 85 T.C. 359, 375 (1985). The Commissioner reasons that deciding the case with the current stipulations would not prejudice Lovenguth because he has offered no new evidence that would change the result of the case and all of the pertinent facts are included in the current stipulation. These arguments fail to persuade us. Consider the argument that Lovenguth will not be prejudicedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007