- 17 - Petitioners also argue that paragraph 4 of the piggyback agreement extends the controlling case to all cases not expressly a part of or referenced in the agreement, such as docket No. 28082-89. Paragraph 4 provides: 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; [Emphasis added.] We disagree with petitioners' interpretation of paragraph 4. Paragraph 4 merely provides that if the result in the controlling case affects a continuing item in other or later years in the controlling case, then the resolution will apply in the same manner to other or later years of the same continuing item in petitioners' case; it does not extend the result to other cases not a part of the agreement. See Conway v. Commissioner, T.C. Memo. 1994-413 (interpreting a similar stipulation); sec. 301.7121-1(b)(3) and (4), Proced. & Admin. Regs. The piggyback agreement is exclusively for docket No. 1173-88; no other case is explicitly or implicitly referenced or incorporated therein. Petitioners' motion is not supported by the piggyback agreement for docket No. 1173-88. Finally, petitioners contend that the doctrine of equitable estoppel should apply to bar respondent from assessing penalties other than those assessed in the Miller cases. We note that this Court is a court of limited jurisdiction and lacks generalPage: 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