Bernhard F. and Cynthia G. Manko - Page 29

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          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          Court's decision was superseded by the decision of the U.S. Court           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 or           







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