- 14 - curiam without published opinion 58 F.3d 637 (5th Cir. 1995). We turn to the question whether the settlement was so conditioned. The negotiations concerning the settlement of the Greenberg Brothers partnerships during this time were primarily conducted by Messrs. Long and Faber. Mr. Long testified that he intended that in order to consummate any settlement with the partners, a Form 870-P and/or a closing agreement would be executed by the partner or the partner's representative. This was consistent with Mr. Faber's understanding when he was involved with these cases that further documents would have to be executed. The only other person with direct knowledge of what happened during this time was Mr. Noumair, and he did not testify. We have no reason to believe, however, that his testimony would have been different. Furthermore, all the parties understood that the settlement terms were not limited to the Greenberg Brothers cases that were currently before the Court. It also included issues involving the additions to tax that are affected items and the applicable interest, issues that were not before the Court. Moreover, the settlement terms dealt with the tax effects of the Greenberg Brothers partnerships in future years. At that time, Mr. Long was of the opinion that either a closing agreement or a Form 870Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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