Leon M. and Mary K. Jaroff - Page 73

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          This Court entered decisions based upon those settlements on                
          December 22, 1988.  The settlement provided that the taxpayers in           
          the Miller cases were liable for the addition to tax under                  
          section 6659 for valuation overstatement, but not for the                   
          additions to tax under the provisions of section 6661 and section           
          6653(a).  The increased interest under section 6621(c), premised            
          solely upon Miller's interest in the recyclers for the taxable              
          years at issue, was not applicable because Miller made payments             
          prior to December 31, 1984, so no interest accrued after that               
          time.  Respondent did not notify petitioners or any other                   
          taxpayers of the disposition of the Miller cases.  Estate of                
          Satin v. Commissioner, supra; Fisher v. Commissioner, supra.                
               Petitioners argue that they are similarly situated to                  
          Miller, the taxpayer in the Miller cases, and that pursuant to              
          the principle of "equality" they are therefore entitled to the              
          same settlement agreement executed by respondent and Miller in              
          those cases.  In effect, petitioners seek to resurrect the                  
          piggyback agreement offer and/or the settlement offer they                  
          previously failed to accept.                                                
               Petitioners contend that under the principle of equality,              
          the Commissioner has a duty of consistency toward similarly                 
          situated taxpayers and cannot tax one and not tax another without           
          some rational basis for the difference.  United States v. Kaiser,           
          363 U.S. 299, 308 (1960) (Frankfurter, J., concurring); see Baker           
          v. United States, 748 F.2d 1465 (11th Cir. 1984); Farmers' &                




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