- 23 - We disagree. The parties intended to and did in fact reach agreement on all essential terms for multiple years when petitioners accepted respondent's blanket settlement offer in January 1988. The settlement terms were clear. Cf. Nelson Bros., Inc. v. Commissioner, T.C. Memo. 1991-52. The offer included an understanding that netting would be allowed, whereby taxpayers who accepted the offer would be allowed to make one payment of the net amount owed instead of being required to pay earlier year deficiencies and wait for later year refunds. Although the manner in which the netting would be accomplished was not finally reduced to writing until December 1989 (as we held in Manko I), that was only a matter of implementing the settlement that had been reached when the blanket settlement offer was accepted in January 1988.4 In sum, we hold that all of the evidence before us indicates that: (1) The settlement covered all years in which petitioner had Arbitrage Management investments, docketed and nondocketed, including the years in issue; and (2) all essential settlement terms, including the agreement to apply overpayments against 4 The reports Mr. Kletnick sent to the Court after the Feb. 25, 1988, pretrial conference confirmed his understanding that settlements had been reached. And Mr. Nolan's letters to Mr. Kletnick reflected the same understanding. For example, one letter stated: "Thank you for meeting with us yesterday to discuss the procedural difficulties that are delaying implementation of the settlement agreement that we reached in January and announced to Judge Jacobs in February."Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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