John Sann and Marianne Sann, et al. - Page 85

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          underpayments of tax attributable to the disallowed tax benefits.           
          Respondent is sustained on this issue.                                      
          D. Petitioners' Motions For Leave To File Motion For Decision               
          Ordering Relief From the Negligence Penalty and the Penalty Rate            
          of Interest and To File Supporting Memorandum of Law                        
               Long after the trials of these cases, petitioners each filed           
          a Motion For Leave To File Motion For Decision Ordering Relief              
          From the Negligence Penalty and the Penalty Rate of Interest and            
          To File Supporting Memorandum of Law under Rule 50.  Petitioners            
          also lodged with the Court motions for decision ordering relief             
          from the additions to tax for negligence and from the increased             
          rate of interest, with attachments and memoranda in support of              
          the motions.  Respondent filed objections, with attachments and             
          memoranda in support thereof and petitioners thereafter filed               
          reply memoranda.  Petitioners argue that they should be afforded            
          the same settlement that was reached between other taxpayers and            
          the IRS in docket Nos. 10382-86 and 10383-86, each of which was             
          styled Miller v. Commissioner.  See Farrell v. Commissioner, T.C.           
          Memo. 1996-295 (denying a motion similar to petitioners'                    
          motions); see also Friedman v. Commissioner, T.C. Memo. 1996-558;           
          Jaroff v. Commissioner, T.C. Memo. 1996-527; Gollin v.                      
          Commissioner, T.C. Memo. 1996-454; Grelsamer v. Commissioner,               
          T.C. Memo. 1996-399; Zenkel v. Commissioner, T.C. Memo. 1996-398.           
               Counsel for petitioners seek to raise a new issue long after           
          the trials in these cases.  Resolution of such issue might well             






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