Anthony F. Cutaia and Susan D. Cutaia - Page 3

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            sion documents that were executed by the respective counsel for                              
            petitioners and respondent.1  On September 4, 1996, the Court                                
            entered a decision in this case pursuant to the agreement of the                             
            parties.                                                                                     
                  After the decision in this case was entered for the years at                           
            issue, petitioners and respondent signed on September 6 and                                  
            October 17, 1996, respectively, a closing agreement with respect                             
            to petitioners' taxable years 1979 and 1980 (closing agreement).                             
            The closing agreement set forth the agreement of petitioners and                             
            respondent (1)(a) that petitioners have a Federal income tax                                 
            liability for their taxable year 1979 in the amount of $1,855,                               
            which was assessed and paid in full, and (b) that there is no                                
            deficiency in Federal income tax due from, or overpayment due to,                            
            petitioners for that year; and (2)(a) that petitioners have a                                
            Federal income liability for their taxable year 1980 in the                                  
            amount of $92,744 and (b) that there is an overpayment in Federal                            
            income tax due them for that year in the amount of $141,335.                                 
            Discussion                                                                                   
                  The Court's decision in this case was entered on September                             
            4, 1996.  No notice of appeal or timely motion to vacate or                                  
            revise the decision was filed in this case, see sec. 74832 and                               

            1  Consequently, the Court denied respondent's motion for entry                              
            of decision as moot.                                                                         
            2  All section references are to the Internal Revenue Code in                                
                                                                           (continued...)                




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