- 29 - from the cases of other Arbitrage Management partners, and respondent did not impose fraud additions on the other Arbitrage Management partners. Moreover, Mr. Kletnick acknowledged that he was aware of the Arbitrage Management criminal investigation at the time of the settlement; nevertheless, respondent chose to settle with petitioners. As part of the settlement, respondent agreed to forgo the section 6653 additions to tax. This was a valid settlement, and once reached, cannot be repudiated by either party. See Stamm Intl. Corp. v. Commissioner, 90 T.C. 315 (1988). Thus, we hold that respondent may not assert the fraud additions against petitioner. E. District Court's Determination Irrelevant Herein We reject respondent's contention that petitioners are bound by the District Court's finding that no settlement was entered into between respondent and petitioners for 1982 and 1983. The District Court's decision was superseded by the decision of the U.S. Court of Appeals for the Second Circuit in Manko v. United States, 87 F.3d 50 (1996), which remanded the case for the District Court to determine whether the exclusion of settlement evidence deprived petitioner of a fair trial. The District Court's finding as to the nonexistence of a settlement has no preclusive effect at this time. Respondent contends that collateral estoppel applies. We disagree. Collateral estoppel precludes litigation by parties orPage: 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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