Vincent and Clotilde Farrell, Jr. - Page 8

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          two Miller cases.  Estate of Satin v. Commissioner, T.C. Memo.              
          1994-435; Fisher v. Commissioner, T.C. Memo. 1994-434.6                     
               After the lead counsel for the taxpayers and respondent                
          agreed upon the test cases, respondent prepared Stipulation of              
          Settlement agreements (piggyback agreements) with respect to the            
          Plastics Recycling project so that taxpayers who did not wish to            
          litigate their cases individually could agree to be bound by the            
          results of the test cases.  Respondent's counsel offered the                
          piggyback agreements to taxpayers involved in the Plastics                  
          Recycling project, including petitioners in docket No. 1173-88.             
          Respondent and petitioners executed the piggyback agreement for             
          docket No. 1173-88 and filed it with the Court on September 12,             
          1988.  Rosenberg signed the piggyback agreement on behalf of                
          petitioners.                                                                
               In the piggyback agreement, petitioners agreed to be bound             
          by the results of the three test cases.  The agreement is                   


          6    The summary of the background of the plastics recycling                
          litigation, the selection of Provizer v. Commissioner, T.C. Memo.           
          1992-177, as a test case, and of the preparation of the piggyback           
          agreement is taken from our opinions in Estate of Satin v.                  
          Commissioner, T.C. Memo. 1994-435, and Fisher v. Commissioner,              
          T.C. Memo. 1994-434.  Petitioners have attached to their motion             
          copies of these cases and of the piggyback agreement executed by            
          Jerome R. Rosenberg and rely upon such materials in their                   
          memorandum.  Respondent has not specifically objected to the                
          accuracy of the documentation.  However, again we refer to such             
          materials only to explain petitioners' argument for completeness.           
          As noted above, the underlying documents are not part of the                
          record as stipulated exhibits or otherwise, and we would be                 
          required to conduct further proceedings if we were to grant                 
          petitioners' motion for leave.                                              




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