- 9 - matters if these matters are resolved in petitioner’s favor in petitioner’s dockets. The clear textual presence of an agreement to give Betsy the benefit of certain possible successes by petitioner and the clear textual absence of an agreement to give petitioner any benefit of any successes by Betsy bolsters our conclusion that the text of the stipulations in Betsy’s dockets does not contain any hidden or implied benefits for petitioner. Petitioner maintains that: Here, Respondent, with full knowledge that Petitioner was covered by the same notices of deficiency, entered into the agreements with Betty Grossman which, by their plain and unambiguous terms and without limitation, conceded certain adjustments ‘with respect to’ Petitioner’s deficiency notice. We read the stipulations of settled issues in Betsy’s dockets as dealing with, or providing rules for resolution of, only Betsy’s liabilities with respect to the notices of deficiency, with petitioner’s liabilities being referred to only insofar as Betsy and the Commissioner agreed was appropriate in determining Betsy’s liabilities. Thus, we do not read the stipulations of settled issues in Betsy’s dockets as providing any concessions with regard to petitioner’s liabilities for the section 6653(b) addition for 1986 or the section 6661 addition for 1985. Petitioner contends that we should prevent respondent from taking inconsistent positions in his and Betsy’s cases;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011