Mark Friedman - Page 22

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          cases, raised issues regarding additions to tax for negligence              
          and valuation overstatement.  We have found the taxpayers liable            
          for the additions to tax in all but one of the opinions to date             
          on these issues, although procedural rulings have involved many             
          more favorable results for taxpayers.9                                      


          8(...continued)                                                             
          Shapiro v. Commissioner, T.C. Memo. 1995-224; Pierce v.                     
          Commissioner, T.C. Memo. 1995-223; Fine v. Commissioner, T.C.               
          Memo. 1995-222; Pearlman v. Commissioner, T.C. Memo. 1995-182;              
          Kott v. Commissioner, T.C. Memo. 1995-181; Eisenberg v.                     
          Commissioner, T.C. Memo. 1995-180.                                          
               Greene v. Commissioner, 88 T.C. 376 (1987), concerned the              
          applicability of the safe-harbor leasing provisions of sec.                 
          168(f)(8).  Trost v. Commissioner, 95 T.C. 560 (1990), concerned            
          a jurisdictional issue.                                                     
               Farrell v. Commissioner, T.C. Memo. 1996-295; Baratelli v.             
          Commissioner, T.C. Memo. 1994-484; Estate of Satin v.                       
          Commissioner, T.C. Memo. 1994-435; Fisher v. Commissioner, T.C.             
          Memo. 1994-434; Foam Recycling Associates v. Commissioner, T.C.             
          Memo. 1992-645; Madison Recycling Associates v. Commissioner,               
          T.C. Memo. 1992-605, concerned other issues.                                
          9    In Zidanich v. Commissioner, T.C. Memo. 1995-382, we held              
          the taxpayers liable for the sec. 6659 addition to tax, but not             
          liable for the negligence additions to tax under sec. 6653(a).              
          As indicated in our opinion, the Zidanich case, and the Steinberg           
          case consolidated with it for opinion, involved exceptional                 
          circumstances.                                                              
               In Estate of Satin v. Commissioner, supra, and Fisher v.               
          Commissioner, supra, after the decision in Provizer v.                      
          Commissioner, supra, the taxpayers were allowed to elect to                 
          accept a beneficial settlement because of exceptional                       
          circumstances.  In Farrell v. Commissioner, supra, we rejected              
          the taxpayers' claim to a similar belated settlement arrangement            
          since the circumstances were different and the taxpayers                    
          previously had rejected settlement and elected to litigate the              
          case.  See also Zenkel v. Commissioner, supra; Baratelli v.                 
          Commissioner, supra.                                                        







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