- 9 -
virtually identical to the piggyback agreements set forth in
Estate of Satin v. Commissioner, supra, and Fisher v.
Commissioner, supra. The piggyback agreement executed by
petitioners, as attached to petitioners' motion for leave and
undisputed by respondent, provides:
STIPULATION OF SETTLEMENT FOR TAX SHELTER ADJUSTMENTS
With respect to all adjustment(s) in respondent's notice of
deficiency relating to the Plastics Recycling tax shelter, the parties
stipulate to the following terms of settlement:
1. THE ABOVE ADJUSTMENT IS ONE OF SEVERAL ISSUES IN DISPUTE
BETWEEN THE PARTIES. ALL OTHER ADJUSTMENTS WILL EITHER BE RESOLVED BY
THE PARTIES OR WILL BE SUBMITTED TO THE COURT FOR RESOLUTION;
2. The above adjustment(s), as specified in the preamble, shall
be determined by application of the same formula as that which resolved
the same tax shelter adjustment(s) with respect to the following
taxpayer(s):
Names(s): Harold M. Provizer and Joan Provizer v. Commissioner
of Internal Revenue
Tax Court Docket No.: 27141-86
Names(s): Elliot I. Miller v. Commissioner of Internal Revenue
Tax Court Docket No.: 10382-86
Names(s): Elliot I. Miller and Myra K. Miller v. Commissioner of
Internal Revenue
Tax Court Docket No.: 10383-86
(hereinafter the CONTROLLING CASE);
3. All issues involving the above adjustment(s) shall be
resolved as if the petitioner(s) in this case was/were the same as the
taxpayer(s) in the CONTROLLING CASE;
a. If the Court finds that any additions to tax or the
section 6621(c) interest are applicable to the underpayment
attributable to the above-designated tax shelter adjustment(s), the
resolution of the tax shelter issue and the applicability of such
addition to tax or interest to that tax shelter issue in the
CONTROLLING CASE, whether by litigation or settlement, shall apply to
petitioner(s) as if the petitioner(s) in this case was/were the same as
the taxpayer(s) in the CONTROLLING CASE;
4. If the adjustment is resolved in the CONTROLLING CASE in a
manner which affects the same issue in other years (e.g., * losses in
later years or affects depreciation schedules), the resolution will
apply to petitioner(s)' later years as if the petitioner(s) in this
case was/were the same as the taxpayer(s) in the CONTROLLING CASE;
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011