14
conclusion. The communications that took place between September
25, 1990, and May 10, 1991, related to ascertaining final
computations and making clear the steps necessary to achieve a
settlement. The purpose was to satisfy Fensterheim and answer
his questions preliminary to signing the Forms 870-L(AD).
Nothing that transpired constituted a settlement agreement.
Fensterheim relies entirely on the language in the May 10, 1991,
letter from Goldbas stating: "Accordingly, as agreed, you will
execute the agreements relating to the assessment for the 1982
through 1985 tax years as soon as possible." The quoted language
does not indicate that a settlement had been reached.
In the letter of May 10, 1991, Goldbas stated "You wanted a
computation before you executed the consent form which will
result in the settlement of your Transpac Drilling Venture
losses" and "we will provide 30 additional days for the execution
of the Form 870-L agreements that we have provided in order to
resolve the tax deficiencies relating to the Transpac partnership
items for the 1982 through 1985 years." This language indicates
that no settlement had been reached between Fensterheim and
respondent as of that date. Nothing in Goldbas' letter indicates
that a settlement had been reached or would be reached without
the Forms 870-L(AD).
Fensterheim next argues that on June 14, 1991, Deshler
mailed respondent three executed Forms 870-L(AD), one for each
Transpac partnership, 1982-1, 1982-15, and 1982-21. Fensterheim
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