Robert Hunter Gridley and Barbara A. Gridley, et al. - Page 19

                                       - 19 -                                         

          of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 324, 648,            
          and contend that respondent should be estopped to deny the                  
          applicability of section 6224(c) in these cases.                            
          Petitioners have cited no authority for the application of                  
          section 6224(c) in cases other than TEFRA partnership                       
          proceedings, and we are aware of none.  Moreover, the public                
          policy concerns expressed by petitioners provide no basis for               
          disregarding the piggyback agreements, which bind the parties to            
          the Court's redetermination with respect to Kersting-related                
          interest deductions, as set forth in the Court's opinion in the             
          test cases.  Petitioners are required to remain "in the hunt"               
          with all the other taxpayers in the Kersting group cases and                
          abide the outcome of the evidentiary hearing and resolution of              
          the various issues raised by the Court of Appeals for the Ninth             
          Circuit in its remand of the test cases.                                    
          In sum, in the absence of any language in either of the                     
          piggyback agreements that reasonably can be interpreted as                  
          allowing petitioners to select a particular test case decision as           
          the basis for the decision to be entered in their cases, we will            
          deny petitioners' motions for summary judgment.                             
                    To reflect the foregoing,                                         

          Orders will be issued                                                       
          denying petitioners' Motions for                                            
          Summary Judgment.                                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  

Last modified: May 25, 2011