George A. Lovenguth - Page 11




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          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 prejudiced            







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