Bernhard F. and Cynthia G. Manko - Page 11

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          was continuing to contemplate the preliminary question of whether           
          to permit deductions for Arbitrage Management losses.                       
               Respondent's counsel and Arbitrage Management partners' counsel        
          eventually agreed upon a form of closing agreement to settle the            
          cases.  A December 21, 1989, letter from Mr. Nolan to Mr. Kletnick          
          states:                                                                     
                         I am writing to you on behalf of two                         
                    groups of partners that retained Miller &                         
                    Chevalier and Saltzman & Holloran to negotiate                    
                    a settlement for their Tax Court cases.  At                       
                    long last, it is my pleasure to enclose with                      
                    this letter a copy of the standard language                       
                    for Form 906 closing agreements that we                           
                    anticipate the Internal Revenue Service will                      
                    offer to all of the partners in the following                     
                    Arbitrage Management partnerships                                 
                    *     *     *     *     *     *     *                             
                    It is our understanding that the attached                         
                    language will be used to resolve the Arbitrage                    
                    Management issues for all partners (whether or                    
                    not they belong to one of the two groups we                       
                    represent) and for all years (whether or not                      
                    they are docketed in the Tax Court).                              
                    *     *     *     *     *     *     *                             
                         As you know, a Form 906 closing agreement                    
                    is a final determination covering specific                        
                    matters, and has no effect on matters that are                    
                    not discussed in the language of the                              
                    agreement.  This is particularly important in                     
                    this case because the settlement we reached                       
                    for Arbitrage partners resolves the amount of                     
                    taxable income, deductions, gains and losses                      
                    from the Arbitrage partnerships for all                           
                    taxable years (past, present and future).                         
                    [Emphasis added.]                                                 







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