David and Shirley Singer - Page 57

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          project settlement offer was extended to them, but they do not              
          claim to have accepted the offer timely, so they effectively                
          rejected it.11                                                              
               In December 1988, the Miller cases were disposed of by                 
          settlement agreement between the taxpayers and respondent.12                
          This Court entered decisions based upon those settlements on                
          December 22, 1988.  The settlement provided that the taxpayers in           
          the Miller cases were liable for the addition to tax under                  
          section 6659 for valuation overstatement, but not for the                   
          additions to tax under the provisions of section 6661 and section           
          6653(a).  The increased interest under section 6621(c), premised            
          solely upon Miller's interest in the recyclers for the taxable              
          years at issue, was not applicable because Miller made payments             
          prior to December 31, 1984, so no interest accrued after that               

          10(...continued)                                                            
          respondent attached a copy of a settlement offer that was                   
          extended to petitioners and other taxpayers who at the time were            
          represented by counsel other than their present counsel.  The               
          terms of the offer were as stated above, except that no mention             
          was made with respect to the execution of a closing agreement               
          (Form 906) stating the settlement and resolving the entire matter           
          for all years.                                                              
          11   In their motion for decision, petitioners state:                       
          "Respondent formulated a standard settlement position which was             
          extended to all taxpayers having docketed or non-docketed cases             
          in the plastics recycling group, including Petitioner." (Emphasis           
          added.)                                                                     
          12   Although it is not otherwise a part of the record in this              
          case, respondent attached copies of the Miller closing agreement            
          and disclosure waiver to her objection to petitioners' motion for           
          leave, and petitioners do not dispute the accuracy of the                   
          document.                                                                   




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