- 15 - was necessary to effect a settlement of a partner's various liabilitiies.12 Although there may have been a general understanding of the terms of the settlement, to effectuate the settlement it was understood that the partner would execute either a Form 870 or a closing agreement. Mr. Redding testified that he had been in contact with both Mr. Long and Mr. Faber concerning the settlement of these cases during this period. Mr. Redding, with his experience in TEFRA proceedings, surely was aware of the circumstances, and we find it improbable that, given the complexity of the settlement, at some time, there had not been some discussion on how the settlements were to be consummated. While as a general rule neither document may be required to settle pecuniary items, all parties understood that one or the other was necessary to give effect to the settlement of the instant cases. In sum, the Goodwins may have attempted to settle their cases. 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 the Goodwins never 12 Whether this opinion was correct or not is beside the point.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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