David and Shirley Singer - Page 56

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          three lead cases, not just the Provizer case.  Petitioners assert           
          that the piggyback agreement was extended to them, but they do              
          not claim to have accepted the offer timely, so they effectively            
          rejected it.9                                                               
               On or about February of 1988, a settlement offer (the                  
          Plastics Recycling project settlement offer or the offer) was               
          made available by respondent in all docketed Plastics Recycling             
          cases, and subsequently in all nondocketed cases.  Baratelli v.             
          Commissioner, T.C. Memo. 1994-484.  Pursuant to the offer,                  
          taxpayers had 30 days to accept the following terms:  (1)                   
          Allowance of a deduction for 50 percent of the amount of the cash           
          investment in the venture in the year(s) of investment to the               
          extent of loss claimed; (2) Government concession of the                    
          substantial understatement of tax penalties under section 6661              
          and the negligence additions to tax under section 6653(a)(1) and            
          (2); (3) taxpayer concession of the section 6659 addition to tax            
          for valuation overstatement and the increased rate of interest              
          under section 6621; and (4) execution of a closing agreement                
          (Form 906) stating the settlement and resolving the entire matter           
          for all years.10  Petitioners assert that the Plastics Recycling            

          9    In their motion for decision, petitioners state: "After the            
          lead counsel for taxpayers and Respondent had agreed upon the               
          designation of the lead cases, Respondent's counsel prepared                
          piggyback agreements and offered them to counsel for the                    
          taxpayers in this case and to other taxpayers." (Emphasis added.)           
          10   In respondent's motion for leave to file an amended answer,            
                                                             (continued...)           




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