- 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