- 2 - taxes for 1979 through 1983. Respondent's principal basis for the deficiencies is the disallowance of claimed deductions for losses and interest expense on straddles and Government security repurchase agreements entered into by Bernhard F. Manko (petitioner) both directly and through Arbitrage Management Investment Co. (Arbitrage Management) and related entities. I. Background In Manko v. Commissioner, T.C. Memo. 1995-10 (Manko I), we held that: (1) Respondent made a blanket settlement offer to all Arbitrage Management investors; (2) petitioners accepted the offer; and (3) respondent and petitioners reached a binding settlement agreement no later than January 21, 1988. In reaching this conclusion, we found that pursuant to this settlement agreement, the Internal Revenue Service (IRS) would: (1) Allow the deduction of 20 percent of the challenged losses (or, at the taxpayer's option, out-of-pocket cost plus 15 percent); (2) eliminate capital gains in an amount commensurate with the disallowed losses; and (3) forgo the assertion of penalties. Manko I involved tax year 1978. II. The Parties' Pleadings Petitioners filed the petition herein on December 10, 1993, and, except for further pleadings, the case was held in abeyance pending the Court's decision in Manko I. On February 22, 1996, petitioners filed a motion for partial summary judgment requesting the Court to determine that there was a binding settlementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011