- 18 - 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 ActPage: 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