- 5 - dates beyond which a particular settlement position would no longer be available. Under respondent’s settlement position as of 1986, investors generally were allowed tax deductions reflecting the full amount of their cash out-of-pocket invested in the respective Elektra Hemisphere tax shelter, and no penalties or additions to tax were imposed other than increased interest under section 6621(c) or its predecessor section 6621(d) (hereinafter referred to as the cash settlement). Petitioners herein did not agree to settle the tax deficiencies and additions to tax that respondent had determined against them relating to their investments in the Elektra Hemisphere tax shelters on that basis. Rather, petitioners waited until after the opinion in Krause v. Commissioner, supra, was rendered in 1992 and agreed to settle at that time, or in later years, on the basis of respondent’s then pending no-cash settlement position. Not only did petitioners agree to settle, but petitioners signed stipulated decision documents reflecting the no-cash settlement position, and such decision documents were entered by the Court and are now final. Petitioners allege that a structural defect or a fraud on the Court occurred in settling these cases and that respondent, under the TEFRA partnership statutory provisions, had a duty of consistency to treat all taxpayers consistently and to makePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011