Bruce and Lois Zenkel, et al. - Page 79

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          (piggyback agreements) made available to taxpayers in the                   
          Plastics Recycling project, whereby taxpayers could agree to be             
          bound by the results of three test cases:  the Provizer case and            
          the two Miller cases.  We held in the Estate of Satin and Fisher            
          cases that the terms of the piggyback agreement bound the parties           
          to the results in all three lead cases, not just the Provizer               
          case.  Petitioners assert that the piggyback agreement was                  
          extended to them, but they do not claim to have accepted the                
          offer, so they effectively rejected it.  We discuss the                     
          background matters, apparently not disputed by the parties, for             
          the sake of completeness.  As we have noted, granting                       
          petitioners' motion for leave would require further proceedings.            
               On or about February 1988, a settlement offer (the Plastics            
          Recycling project settlement offer or the offer) was made                   
          available by respondent in all docketed Plastics Recycling cases,           
          and subsequently in all nondocketed cases.  Baratelli v.                    
          Commissioner, T.C. Memo. 1994-484.8  Pursuant to the offer,                 
          taxpayers had 30 days to accept the following terms:                        




          8         Although the records do not include a settlement offer            
          to petitioners, petitioners have attached to their motions 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.                                                           






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