- 14 - if Lovenguth has been competent enough to “handle his own affairs” since leaving the VA hospital in 1995, then he is competent enough to enter into a stipulation of facts. See Bakare, T.C. Memo. 1994-72. To suggest that Lovenguth understood the consequences of signing the stipulation of fact just because he is no longer institutionalized would be too high a hurdle. The Rule tells us to look not at whether a petitioner has the bare competence sufficient to avoid involuntary commitment, but to the justice of the particular situation. We do wish to stress that we do not believe that IRS counsel is in any way guilty of misconduct--in an adversarial system, counsel is expected to zealously represent his client. It is just that in the peculiar circumstances of this case--with a mentally disabled and sometimes voluble taxpayer representing himself--it is very easy to create a situation of deep misunderstanding between the parties. In this case we conclude that justice requires us to set aside the stipulation of facts and vacate the order submitting the case for decision on that stipulation. An appropriate order will be issued granting petitioner’s motion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14Last modified: November 10, 2007