Bernhard F. and Cynthia G. Manko - Page 2

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          taxes for 1979 through 1983.  Respondent's principal basis for the          
          deficiencies is the disallowance of claimed deductions for losses           
          and interest expense on straddles and  Government  security                 
          repurchase agreements  entered  into  by  Bernhard  F.  Manko               
          (petitioner) both directly and through Arbitrage Management                 
          Investment Co. (Arbitrage Management) and related entities.                 
          I.  Background                                                              
               In Manko v. Commissioner, T.C. Memo. 1995-10 (Manko I), we             
          held that: (1) Respondent made a blanket settlement offer to all            
          Arbitrage Management investors; (2) petitioners accepted the offer;         
          and (3) respondent and petitioners reached a binding settlement             
          agreement no later than January 21, 1988. In reaching this                  
          conclusion, we found that pursuant to this settlement agreement,            
          the Internal Revenue Service (IRS) would: (1)  Allow the deduction          
          of 20 percent of the challenged losses (or, at the taxpayer's               
          option, out-of-pocket cost plus 15 percent); (2) eliminate capital          
          gains in an amount commensurate with the disallowed losses; and (3)         
          forgo the assertion of penalties.  Manko I involved tax year 1978.          
          II.  The Parties' Pleadings                                                 
               Petitioners filed the petition herein on December 10, 1993,            
          and, except for further pleadings, the case was held in abeyance            
          pending the Court's decision in Manko I.  On February 22, 1996,             
          petitioners filed a motion for partial summary judgment requesting          
          the Court to determine that there was a binding settlement                  





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