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the decision (for example, as to the tax bases of the properties)
would not elevate any such further or additional agreement to the
level of a Tax Court determination under section 1312(7), in
light of the absence of any reference thereto in the written
stipulation of settled issues or in the decision.
We conclude, as a matter of law, that under section 1312(7)
a determination of basis by the Tax Court regarding the
properties did not occur when the 1989 Fong case was settled and
the decision in that case was entered. The settlement
stipulation and the decision in the 1989 Fong case do not give
rise to a determination that opens the period of limitations for
petitioner’s 1986 Federal income tax liability.
For the reasons stated, the Court will grant petitioner’s
motion for summary judgment.
An appropriate order and
decision will be entered.
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Last modified: May 25, 2011