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deductions for contributions to individual defined benefit
pension plans.
Many of the issues raised in petitioner's Motion for Award
of Reasonable Litigation Costs were answered by this Court in
Price v. Commissioner, 102 T.C. 660, 662-665 (1994), affd.
without published opinion sub nom. TSA/Stanford Associates, Inc.
v. Commissioner, 77 F.3d 490 (9th Cir. 1996). There is no need
to repeat that discussion.
The statutory notice of deficiency in this case was issued
by respondent on July 22, 1991. The petition was filed on
September 30, 1991. In June of 1995, respondent made a full
concession of the underlying actuarial issues. A decision of no
deficiency in income tax and no additions to tax was signed by
petitioner's counsel on June 29, 1995, and by respondent's
counsel on July 13, 1995, and was filed with this Court as a
Settlement Stipulation on July 18, 1995.
During this intervening period prior to respondent's
concession, the following cases were decided by this Court in
favor of the taxpayers and were affirmed by the Courts of Appeals
for the Fifth, Second, and Ninth Circuits: Vinson & Elkins v.
Commissioner, 99 T.C. 9 (1992), affd. 7 F.3d 1235 (5th Cir.
1993); Wachtell, Lipton, Rosen & Katz v. Commissioner, T.C. Memo.
1992-392, affd. 26 F.3d 291 (2d Cir. 1994); and Citrus Valley
Estates v. Commissioner, 99 T.C. 379 (1992), affd. in part and
remanded in part 49 F.3d 1410 (9th Cir. 1995). These were
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