Leon M. and Mary K. Jaroff - Page 72

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          Allowance of a deduction for 50 percent of the amount of the cash           
          investment in the venture in the year(s) of investment to the               
          extent of loss claimed; (2) Government concession of the                    
          substantial understatement of tax penalties under section 6661              
          and the negligence additions to tax under section 6653(a)(1) and            
          (2); (3) taxpayer concession of the section 6659 addition to tax            
          for valuation overstatement and the increased rate of interest              
          under section 6621; and (4) execution of a closing agreement                
          (Form 906) stating the settlement and resolving the entire matter           
          for all years.17  Petitioners assert that the Plastics Recycling            
          project settlement offer was extended to them, but they did not             
          accept the offer timely, so they effectively rejected it.18                 
               In December 1988, the Miller cases were disposed of by                 
          settlement agreement between the taxpayers and respondent.19                


          17   Although the record does not include a settlement offer to             
          petitioners, petitioners have attached to their motion for                  
          decision a copy of a settlement offer to another taxpayer with              
          respect to a plastics recycling case, and respondent has not                
          disputed the accuracy of the statement of the plastics recycling            
          settlement offer.                                                           
          18   In their motion for decision, petitioners state:                       
          "Respondent formulated a standard settlement position which was             
          extended to all taxpayers having docketed or non-docketed cases             
          in the plastics recycling group, including Petitioner." (Emphasis           
          added.)                                                                     

          19   Although it is not otherwise a part of the record in these             
          consolidated cases, respondent attached copies of the Miller                
          closing agreement and disclosure waiver to her objection to                 
          petitioners' motion for leave, and petitioners do not dispute the           
          accuracy of the document.                                                   




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