Robert Hunter Gridley and Barbara A. Gridley, et al. - Page 18

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          taxpayers of the settlement prior to the resolution of the tried            
          case, the taxpayers were entitled to entry of decision in their             
          cases consistent with the terms offered in the settled cases.               
               Although the present cases share some of the characteristics           
          of the Fisher and Estate of Satin cases, there is at least one              
          significant difference.  Specifically, the piggyback agreements             
          in the Fisher and Estate of Satin cases expressly stated that the           
          taxpayers agreed to be bound by the resolution of the test cases,           
          "whether by litigation or settlement".  In contrast, the                    
          piggyback agreements in the present cases do not mention the                
          settlement of a test case as a basis for decision in the                    
          piggyback cases.  It follows that the settlement of some or all             
          of the test cases, unlike the settlements on which the taxpayers            
          relied in Fisher and Estate of Satin, would not provide a basis             
          for entry of decision in any of the Kersting group cases in which           
          the parties had entered into a piggyback agreement.                         
               Finally, we turn to petitioners' alternative argument that             
          public policy concerns dictate that the Commissioner maintain               
          consistency in settling cases with taxpayers in cases involving             
          common questions of law and fact.  Petitioners cite section                 
          6224(c), which provides for consistency in the settlement of                
          cases that are subject to the unified partnership audit and                 
          litigation procedures (sections 6221 through 6233) enacted by               
          Congress as part of the Tax Equity and Fiscal Responsibility Act            





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