Cinema '85, Richard M. Greenberg, Tax Matters Partner - Page 14

                                       - 14 -                                         
          was necessary to effect a settlement of a partner's various                 
          liabilities.8                                                               
               Mr. Newman may have attempted to accept an offer from                  
          respondent to settle the case.  It is clear, however, that all              
          the parties directly connected with the settlement negotiations             
          understood that to effectuate the settlement either a closing               
          agreement or a Form 870 had to be executed.  It is also clear               
          that, although the forms were sent to Mr. Newman, he never                  
          executed them, and, consequently, there was no settlement of his            
          case.9                                                                      
               To reflect the foregoing,                                              
                                             An appropriate order will                
                                        be issued denying Mr. Newman's                
                                        motion to dismiss for lack of                 
                                        jurisdiction.                                 










               8  Whether this opinion was correct or not is beside the               
          point.                                                                      
               9                                                                      
                    We leave for a subsequent opinion the question whether            
          Mr. Newman may be entitled to consistent settlement terms                   
          pursuant to sec. 6224(c)(2) and sec. 301.6224(c)-3T, Temporary              
          Proced. & Admin. Regs., 52 Fed. Reg. 6787 (Mar. 5, 1987).                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  

Last modified: May 25, 2011