- 10 - that respondent was not precluded from making different adjustments for 1981, a year not covered by the prior settlement for the later TEFRA years and not covered by the TEFRA settlement procedures. See also Gridley v. Commissioner, T.C. Memo. 1997- 210, in which we noted that the TEFRA settlement procedures did not apply to pre-TEFRA years. In Fisher v. Commissioner, T.C. Memo. 1994-434, a duty on respondent to extend similar settlements was found to exist as to all taxpayers, but such duty was based not on any statutory requirements of TEFRA but on express contractual agreements that had been entered into by the taxpayers to be bound by results of subsequent test cases, and we concluded that a corresponding duty of disclosure was imposed on respondent to inform all taxpayers as to the outcome of the test cases. In Fisher, when some of the test cases were settled, other taxpayers in the group of related cases had a contractual right to be informed of the settlement and to settle their cases on the same basis. Fisher is distinguishable from the facts of the instant cases. Absent proof that a taxpayer has been singled out for disparate treatment based on impermissible considerations such as race or religion, and absent contractual agreements to the contrary, respondent is not required to offer the same settlement terms to similarly situated taxpayers. Norfolk S. Corp. v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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