- 6 - 1. The Kersting interest deduction tax shelter adjustments shall be redetermined on the same basis that the same tax shelter adjustments are resolved with respect to taxpayers trying the same shelter adjustments at the February 9, 1987 session of the Court in Wailuku, Maui, Hawaii, or such session as these cases may be adjourned or continued to by the Court (hereinafter "TRIED CASE"). 2. All issues involving the Kersting interest deduction tax shelter(s) shall be resolved as if the petitioner(s) in this case is the same as the taxpayers in the TRIED CASE; 3. A decision shall be submitted in this case when the decision in the TRIED CASE becomes final under I.R.C. � 7481; 4. Following entry of the decision in this case, petitioner(s) consent to the assessment and collection of the deficiencies, attributable to the adjustments formulated by reference to the Tax Court's opinion, notwithstanding the restrictions contained in I.R.C. � 6213(a); 5. The petitioners in this case will testify or provide information in any case involving the same tax shelter adjustments, if subpoenaed; and 6. The petitioners in this case consent to the disclosure of all tax returns and tax return information for the purpose of respondent's discovering or submitting evidence in any case involving the same shelter adjustments. 7. If the Court determines the I.R.C. � 6621(d) penalties are applicable in the test case controlling petitioner'(s’) case, then the petitioner(s) concedes that I.R.C. � 6621(d) is applicable to any underpayment of tax determined in their case(s) attributable to the Kersting interest deduction tax shelter(s), if such underpayment exceeds $1,000.00 in any one taxable year. 8. With respect to adjustments in respondent's notice of deficiency relating to additions to the tax under I.R.C. � 6653(a), the parties agree to the following:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011