- 17 - Partnership) that was not substantially justified. See sec. 7430(c)(4)(B). We reject respondent’s argument. The fact that parties to litigation, in the manner and method by which they settle issues and disputed tax adjustments, should take into account and should anticipate the specific requirements of the mitigation provisions is not new. We find no merit in respondent’s argument. See Hill v. Commissioner, T.C. Memo. 1957-2, in which a particular adjustment was litigated solely in order to obtain an adverse determination under the mitigation provisions necessary to open an otherwise closed year. No relevant material facts are in dispute in the instant case regarding the content of the settlement stipulation filed and the decision entered in the 1989 Fong case that would preclude a ruling on the narrow issue presented to us in petitioner’s motion. Under the terms of the settlement stipulation that was filed with the Court and the decision that was entered, no tax bases in the properties were determined by the Court. The tax adjustments reflected therein clearly cannot be said to encompass a determination by the Tax Court of petitioner’s tax bases in the properties. The possibility that petitioner and respondent, in settling the 1989 Fong case, may have entered into further or additional agreements not reflected in the stipulation of settlement or inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011