David and Shirley Singer - Page 60

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          opinions in Estate of Satin v. Commissioner, T.C. Memo. 1994-435,           
          or Fisher v. Commissioner, T.C. Memo. 1994-434, or in any of the            
          material submitted to us in this case that would indicate that              
          the Millers were "otherwise subject to the penalty interest                 
          provisions".  Petitioners' argument is based on a false premise.            
               We find that petitioners and Miller were treated equally to            
          the extent they were similarly situated and differently to the              
          extent they were not.  Miller foreclosed the applicability of the           
          section 6621(c) increased rate of interest in his cases, while              
          petitioners concede it applies in their case.  Petitioners failed           
          to accept a piggyback settlement offer that would have entitled             
          them to the settlement reached in the Miller cases and also                 
          rejected a settlement offer made to them prior to trial of a test           
          case.  In contrast, Miller negotiated for himself and accepted an           
          offer that was essentially the same as the Plastics Recycling               
          project settlement offer rejected by petitioners prior to trial.            
          Accordingly, petitioners' motion is not supported by the                    
          principle of equality on which they rely.  Cf. Baratelli v.                 
          Commissioner, T.C. Memo. 1994-484.                                          
               To reflect the foregoing,                                              
                                        An appropriate order will be                  
                                        issued denying petitioners'                   
                                        motion, and decision will be                  
                                        entered under Rule 155.                       






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