Abstract
This Article begins by describing the facts as they were found and relied upon by the courts in Farid. It then recounts another version — the true story — and considers whether the real facts might have occasioned a different result, concluding that the correct facts would have produced a win for the government and a carryover basis. Indeed, Farid is a model case for the notion that everything in law revolves around facts. How a story is told or how a fact finder understands a series of facts guides the court’s ruling as much as a judge’s understanding of applicable law. This Article speculates on the motives of counsel in the case for both sides in stipulating to facts that were untrue and concludes that some strategic advantage probably induced them to agree to the facts as we have come to know them over the years. Finally, this Article ruminates on lessons taught by Farid in the context of substantive tax law, litigation strategy generally, and ethical considerations. An epilogue provides curious readers with the rest of the Farid story; while irrelevant to the legal issue in the Farid litigation, the tale of Farid’s life is both fascinating and extraordinary.
Recommended Citation
Galler, Linda
(2013)
"Everything You Always Wanted to Know About Farid But Were Afraid to Ask,"
Florida Tax Review: Vol. 13:
No.
1, Article 10.
Available at:
https://scholarship.law.ufl.edu/ftr/vol13/iss1/10