5
considered the lead actuarial cases. The parties selected the
lead actuarial cases as a group in order to raise all or
substantially all issues necessary to resolve the hundreds of
actuarial cases pending across the country. The parties
contemplated and understood that the lead actuarial cases were
considered a package. The relevant dates for these cases are as
follows:
Tax Court Tax Court
Opinion Decision Appealed by Disposition
Filed Entered Commissioner on Appeal
Vinson & Elkins 7/14/92 9/14/92 12/10/92 11/29/93
Wachtell, Lipton 7/14/92 2/16/93 05/12/93 06/06/94
Citrus Valley 9/29/92 2/23/93 05/19/93 03/08/95
The District Court for the Western District of Michigan
decided the issue of reasonableness of actuarial adjustments in
favor of the taxpayers. Rhoades, McKee & Boer v. United States,
822 F. Supp. 445 (W.D. Mich. 1993), affd. in part and revd. in
part and remanded 43 F.3d 1071 (6th Cir. 1995). On remand,
however, the District Court found that the actuarial assumptions
used were not reasonable in the aggregate. Rhoades, McKee & Boer
v. United States, 76 AFTR 2d 95-6394, 95-2 USTC par. 50,486 (W.D.
Mich. 1995). We also note that in 1989 the Court of Appeals for
the Seventh Circuit found in favor of the Commissioner on similar
issues. Jerome Mirza & Associates, Ltd. v. United States, 882
F.2d 229 (7th Cir. 1989).
Neither the Court of Appeals for the Fifth Circuit's opinion
in Vinson & Elkins, nor the Court of Appeals for the Second
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