Greenberg Brothers Partnership #4, a.k.a. Breathless Associates, Richard M. Greenberg, Tax Matters Partner, et al. - Page 2

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                    Pursuant to sec. 6224(c)(2), I.R.C., Ps request                   
               consistent settlement terms of partnership items with                  
               earlier settlement agreements that include concessions                 
               pertaining to  partnership and nonpartnership items.  Held:            
               A settlement agreement that includes concessions of                    
               partnership and nonpartnership items is not subject to the             
               consistent settlement provisions under sec. 301.6224(c)-3T,            
               Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6787 (Mar. 5,           
               1987).  Held, further:  Sec. 301.6224(c)-3T, Temporary                 
               Proced. & Admin. Regs., supra, is valid.                               

               Thomas E. Redding and Sallie W. Gladney, for participants.             
               Joseph F. Long and Gerald A. Thorpe, for respondent.                   
                                       OPINION                                        
               DAWSON, Judge:  These cases were assigned to Special Trial             
          Judge Carleton D. Powell pursuant to the provisions of section              
          7443A(b)(4) and Rules 180, 181, and 183.2  The Court agrees with            
          and adopts the opinion of the Special Trial Judge, which is set             
          forth below.                                                                
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               POWELL, Special Trial Judge:  These consolidated cases are             
          before the Court on participating partners' (participants)                  
          motions pursuant to section 6224(c)(2) for entry of orders                  
          compelling respondent to extend offers of consistent settlement,            





               2                                                                      
                    Unless otherwise indicated, all section references are            
          to the Internal Revenue Code in effect for the years in issue,              
          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              




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