Mayer and Ninette Stiskin - Page 10

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               Petitioners do not now dispute the substance of the                    
          transaction, nor do they now appear to challenge their liability            
          for the deficiency, additions to tax, and increased interest                
          determined in the notice of deficiency.5  We note that although             
          the closing agreement is void, granting the motion for summary              
          judgment or entering a decision in favor of the Commissioner in             
          fact ironically implements the terms of the closing agreement,              
          upon which petitioners rely in their attempt to prevent the Court           
          from entering a decision against them.                                      
               To reflect the foregoing,                                              
                                                  An order will be entered            
                                             granting the Commissioner's              
                                             motion for summary judgment              
                                             and denying petitioners'                 
                                             motion for leave to file                 
                                             amendment to petition.                   



          4(...continued)                                                             
          them of liability for taxes they have admitted they owe.  See               
          supra note 2.  To paraphrase Rule 41(a), justice does not so                
          require here.                                                               
          5 Although the closing agreement is void and the notice of                  
          deficiency would appear to control, we will not order that                  
          petitioners be liable for the additions to tax or increased                 
          interest.  The IRS in its Memorandum of Law in support of its               
          motion for summary judgment concedes the issue.  It states "Based           
          upon the foregoing, it is prayed that the Court enter a decision            
          reflecting a deficiency in the amount of $7,686.00 for the                  
          taxable year 1982, with no additions to tax pursuant to I.R.C. ��           
          6653(a)(1), 6653(a)(2) and 6661."                                           




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