- 17 - L. Reversal and Subsequent Developments On or about November 8, 1996, and after some prodding by petitioners, respondent filed a motion with the Court of Appeals asking that the Tax Court's Decision entered on January 31, 1996, be reversed on the basis of Adler v. Commissioner, 86 F.3d 378 (4th Cir. 1996). Shortly thereafter, on November 14, 1996, the Court of Appeals issued an order granting respondent's motion and reversing our Decision. No later than November 22, 1996, respondent's counsel undertook action to suspend any further collection in respect of the May 1996 assessment against petitioners, pending abatement of such assessment and the refund of amounts previously paid. Respondent's counsel specifically advised respondent's problem resolution officer for the Delaware-Maryland district that "Mr. Wittstadt no longer owes the deficiency for 1989" and directed the officer to "take whatever steps [are] necessary to terminate the required payment agreement." Nevertheless, during the fall of 1996, petitioners incurred costs in trying to have collection terminated. On January 9, 1997, the record in this case was returned by the Court of Appeals and received by this Court. Thereafter, by Order dated January 28, 1997, the Court vacated the Decision entered January 31, 1996, and directed the parties either to furnish an agreed form of decision suitable for entry of decision by the Court or to move for such relief as they thought might bePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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