Attorney-at-Law

THE REVISIONISTS’ VACATION

In Uncategorized on 05/11/2018 at 15:21

Today’s practice tip from Ch J L Paige (“Iron Fist”) Marvel involves neither politics nor history. But as the stipulated decision is a hardy perennial in the Tax Court garden, it behooves the practitioner to know how to deal with the odd erroneous stipdec.

Here’s Harold D. Rawlings & Ulrica A. Rawlings, Docket No. 12184-17, filed 5/11/18.

The end of last month IRS and counsel for Harold & Ulrica stiped out the case. Lo and behold, the numbers were wrong.

What to do?

IRS goes to a Rule 162 revisor, to which counsel for Harold & Ulrica doesn’t object. Revise the stipdec to correct the numbers, and enter accordingly.

Nope, says Ch J Iron Fist.

“…a motion for the Court to revise a stipulated decision pursuant to Rule 162 is procedurally improper. Accordingly, the Court will deny respondent’s motion. At this juncture, however, the Court will permit respondent to file an appropriate motion to vacate the stipulated decision, pursuant to Rule 162, and submit a revised stipulated decision executed by the parties.” Order, at p. 1.

Presumably they’ll get the numbers right this time.

But practitioner, remember. Vacation beats revision when your stipdec gets it wrong.

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