Robert Hunter Gridley and Barbara A. Gridley, et al. - Page 15

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               discarded not only as not applicable for a lack of                     
               ambiguity but, also, because the Opinion has been                      
               vacated.                                                               
                    These Petitioner(s) want out of the hunt.  They                   
               assert that their Stipulation is time-sensitive and now                
               is the time to assert it. * * *  There is no ambiguity                 
               about [paragraph 3 of the 1986 stipulation] * * *.                     
               Thompson 1979 has become final and it fairly represents                
               the net favorable settlement.                                          
               Although petitioners recognize that paragraph 3 provides the           
          timing for entry of decision in the piggyback cases, they                   
          mistakenly conclude that the final decision in the Thompson case            
          provides the substantive basis for computations for entry of                
          decision in their cases.  To the contrary, as indicated above,              
          the piggyback agreements clearly state that the Court's opinion             
          in the test cases will provide the substantive basis for                    
          computations for entry of decision in the piggyback cases.  Under           
          the circumstances presented, paragraph 3 of the 1986 piggyback              
          agreement requires entry of decision in the piggyback cases once            
          final decisions are obtained in the test cases that currently are           
          on remand to the Court by virtue of the Court of Appeals’ opinion           
          and mandate in DuFresne v. Commissioner, 26 F.3d 105 (9th Cir.              
          1994).                                                                      
          To this point, we have limited our discussion to paragraph 3                
          of the 1986 piggyback agreement.  However, petitioners' reliance            
          on paragraph 3 of the 1986 piggyback agreement highlights the one           
          material difference between the 1985 piggyback agreement and the            
          1986 piggyback agreement.  Unlike the 1986 piggyback agreement,             




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