Robert D. and Patricia K. Kaliban, et al. - Page 70

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           cases.  We held in Estate of Satin and Fisher that the terms of                            
           the piggyback agreement bound the parties to the results in all                            
           three lead cases, not just the Provizer case.  Petitioners assert                          
           that the piggyback agreement was extended to them, but they do                             
           not claim to have accepted the offer timely, so they effectively                           
           rejected it.22                                                                             
                  On or about February of 1988, a settlement offer (the                               
           Plastics Recycling project settlement offer or the offer) was                              
           made available by respondent in all docketed Plastics Recycling                            
           cases, and subsequently in all nondocketed cases.  Baratelli v.                            
           Commissioner, T.C. Memo. 1994-484.  Pursuant to the offer,                                 
           taxpayers had 30 days to accept the following terms:  (1)                                  
           Allowance of a deduction for 50 percent of the amount of the cash                          
           investment in the venture in the year(s) of investment to the                              
           extent of loss claimed; (2) Government concession of the                                   
           substantial understatement of tax penalties under section 6661                             
           and the negligence additions to tax under section 6653(a)(1) and                           
           (2); (3) taxpayer concession of the section 6659 addition to tax                           
           for valuation overstatement and the increased rate of interest                             
           under section 6621; and (4) execution of a closing agreement                               

           22     In each of their motions for decision, petitioners state:                           
           "After the lead counsel for taxpayers and Respondent had agreed                            
           upon the designation of the lead cases, Respondent's counsel                               
           prepared piggyback agreements and offered them to counsel for the                          
           taxpayers in this case and to other taxpayers."  (Emphasis                                 
           added.)                                                                                    





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