- 20 - acceptances were based on the understanding that the settlement offer was applicable as a package to all years in which taxpayers had Arbitrage Management investments. Settlement offers made and accepted by letters have been enforced as binding agreements. See, e.g., Haiduk v. Commissioner, T.C. Memo. 1990-506. Petitioners reached the settlement agreement, which we conclude under the circumstances of this case is a binding contract, no later than January 21, 1988. See, e.g., Robbins Tire & Rubber Co. v. Commissioner, 52 T.C. 420, 435-436 (1969). The joint status reports to the Court after the January 1988 settlement confirmed the parties' understanding that the settlement offer applied to both docketed and nondocketed years. In addition to the documentary evidence, Mr. Nolan, Ms. Kaplan, and Mr. Janow also testified that the Arbitrage Management settlement was intended to apply to all years in which there were Arbitrage Management investments, both docketed and nondocketed. Messrs. Kletnick and Berman also testified to this effect ("we agreed to structure the settlement to encompass all years." "The basis for settlement acceded to Mr. Nolan's request that it cover all years. * * * What the negotiators wanted was a general framework that encompassed all years and we agreed to that.").2 Assuming Mr. 2 We note that even respondent's counsel conceded that (continued...)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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