Vincent and Clotilde Farrell, Jr. - Page 19

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          disposition of the Miller cases.  Specifically, petitioners                 
          maintain that respondent's failure to notify them of the Miller             
          settlement prior to issuing the notice of deficiency for this               
          case "effectively took from them the opportunity to have the                
          Miller settlement applied to * * * 1982."                                   
               However, there is no showing in the record that petitioners            
          ever had the opportunity to have the Miller settlement applied to           
          1982.  Petitioners were not similarly situated to the Millers and           
          have conceded that section 6621(c) applies to this case.  No                
          piggyback agreement was offered or executed in this case.                   
          Instead, as petitioners themselves have argued, respondent                  
          extended the Plastics Recycling project settlement offer to                 
          petitioners.  That offer mirrored the Miller settlement or was              
          more advantageous for taxpayers in all major respects except the            
          increased interest.  Petitioners have not shown that knowledge of           
          the Miller settlement would have entitled them to escape                    
          liability for the increased interest.  We find that petitioners             
          were not adversely affected by respondent's actions, and                    
          therefore that their motion is not supported on equitable                   
          grounds.                                                                    
               In order to reflect the foregoing,                                     

                                             An appropriate order will be             
                                        issued denying petitioners' motion.           







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