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Circuit denied a request for a rehearing en banc in El Charro I.2
After the time for filing a petition for certiorari had expired,
respondent moved for entry of decision. In response to that
motion, petitioner contended that the affirmed opinion in El
Charro I failed to address the legal issue presented in this case
and El Charro I.
We were persuaded to delay ruling on respondent’s motion
because the same issues concerning the other participants in the
earlier consolidated cases had been appealed to the Court of
Appeals for the Tenth Circuit by the participants other than
petitioner. The Court of Appeals, on April 14, 1998, issued its
opinion, reversing and remanding the opinion issued by this Court
as it affected the two controlling case participants other than
petitioner herein. At this juncture, alternative possibilities
for resolution have been exhausted, and it is not appropriate to
delay further action on respondent's motion.
Discussion
The operative language of the agreement between petitioner
and respondent limits the resolution of the adjustments in this
case to the same result obtained by petitioner as a litigant in
El Charro I if it was decided that the income forecast method was
2 El Charro TV Rental, Inc. v. Commissioner, 79 F.3d 1145
(5th Cir. 1996), rehearing denied 85 F.3d 627 (5th Cir. 1996),
affg. without published opinion ABC Rentals of San Antonio, Inc.
v. Commissioner, T.C. Memo. 1994-601.
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