Jeffrey L. Beecroft and Carol Larkin-Beecroft - Page 14

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                    (7th Cir. 1988), affg. T.C. Memo. 1987-52; Sokol v. Commissioner,                                                                                      
                    92 T.C. 760, 765 (1989).  We also note that petitioners                                                                                                
                    ultimately agreed that they were wrong with respect to their                                                                                           
                    claim for 70.67 percent of the dollar amount of these adjustments                                                                                      
                    (i.e., the Stipulation reflects the fact that petitioners were                                                                                         
                    not allowed to deduct $64,843 of the $91,755 amount in dispute                                                                                         
                    (21,025 + 7,334 + 63,396)).  It is also hard to believe that                                                                                           
                    petitioners neither received the Form W-2 from EP Management                                                                                           
                    Services, Inc., nor knew that Mr. Beecroft had received $21,025                                                                                        
                    in wages that were not reported on their 1993 Form 1040.                                                                                               
                              We find no persuasive evidence in the record to support                                                                                      
                    petitioners' claim of overreaching by respondent's agents.  To                                                                                         
                    support their claim, petitioners submitted a May 15, 1996, letter                                                                                      
                    from Mr. Lipton to respondent's counsel that petitioners allege                                                                                        
                    reflects the terms of a settlement that they entered into with                                                                                         
                    respondent on May 15, 1996.  Petitioners allege that respondent                                                                                        
                    backed out of this settlement in an attempt to increase the                                                                                            
                    expenses that petitioners were incurring in litigating this                                                                                            
                    matter and otherwise to force petitioners to settle this case for                                                                                      
                    an inequitable amount.  We are unpersuaded by this letter or by                                                                                        
                    petitioners' claim with respect thereto.  The record contains no                                                                                       
                    evidence that this letter accurately reflects a settlement offer                                                                                       
                    tendered to petitioners by respondent.  As a point of fact, the                                                                                        
                    record contains a letter from respondent's counsel to Mr. Lipton                                                                                       
                    that was sent by facsimile during the morning of May 16, 1996.                                                                                         




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