Robert D. Grossman, Jr. - Page 6

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               Petitioner maintains that (1) in light of the preambles of             
          the stipulations of settled issues of Betsy’s dockets, the                  
          literal language of the claimed concessions applies to him, and             
          (2) respondent should be held to the claimed concessions.                   
          Respondent contends that the concessions that the Commissioner              
          made in the stipulations of settled issues in Betsy’s dockets do            
          not have any bearing on the disposition of the issues in                    
          petitioner’s dockets.                                                       
               We agree with respondent.5                                             
               The compromise and settlement of tax cases is governed by              
          general principles of contract law.  Dorchester Indus. Inc. v.              
          Commissioner, 108 T.C. 320, 330 (1997).  In Robbins Tire & Rubber           
          Co. v. Commissioner, 52 T.C. 420, 435-436 (1969), we stated                 
          that:                                                                       
               a compromise is a contract and thus is a proper subject of             
               judicial interpretation as to its meaning, in the light of             
               the language used and the circumstances surrounding its                
               execution. [Citations omitted]                                         




               5    Where petitioner and Betsy are liable for the same                
          item, a payment by one in effect extinguishes the obligation of             
          the other to make the same payment.  Thus, Betsy’s agreements               
          with the Commissioner may ultimately affect how much petitioner             
          may be called on to pay.  However, this consequence of payment of           
          liability by one of the jointly liable taxpayers does not affect            
          the deficiency redeterminations that we enter in the case of the            
          other jointly liable taxpayer.  Kroh v. Commissioner, 98 T.C.               
          383, 391-394 (1992). In the instant cases, we deal only with the            
          decisions to be entered in petitioner’s dockets, and not with the           
          amounts that petitioner may be called on to pay.                            




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