Vincent and Clotilde Farrell, Jr. - Page 15

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          In contrast, petitioners concede that the increased rate of                 
          interest under section 6621(c) applies in this case.  Liability             
          for the increased rate of interest is one of the principal                  
          differences between the settlement in the Miller cases and the              
          settlement offer rejected by petitioners.  Accordingly, with                
          respect to the section 6621(c) issue, petitioners and Miller were           
          treated equally to the extent they were similarly situated, and             
          differently to the extent they were not.  With respect to the               
          other differences, i.e., the section 6653(a) addition to tax and            
          the 50-percent loss deductions, petitioners rejected a settlement           
          offer made to them prior to trial of a test case.  Miller                   
          negotiated for himself and accepted an offer that was essentially           
          the same prior to trial.  In their motion, petitioners seek the             
          benefits of the settlement after trial of the test case.  Miller            
          obtained no such benefit.  Petitioners' motion is not supported             
          by the principle of equality.  Cf. Baratelli v. Commissioner,               
          T.C. Memo. 1994-484.                                                        
               Next, petitioners argue that the piggyback agreement they              
          executed for docket No. 1173-88 entitles them to the Miller                 
          settlement in docket No. 28082-89.  Petitioners maintain that the           
          scope of the piggyback agreement includes cases that concern                
          1982, such as docket No. 28082-89.                                          
               A settlement stipulation is a contract.  Smith v.                      
          Commissioner, T.C. Memo. 1991-412.  General principles of                   
          contract law are applied in construing a settlement agreement.              




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