Greenberg Brothers Partnership #12, a.k.a. Lone Wolf McQuade Associates, and Richard M. Greenberg, Tax Matters Partner - Page 11

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          terms thereof.  Since respondent and the Nirschls have not                  
          executed either form, respondent contends that they have not                
          entered into a settlement agreement.                                        
               While respondent's position may have the advantages that               
          respondent attributes to it, we believe that it is unnecessary to           
          decide that issue in the circumstances presented here.  Where               
          settlement is conditioned upon the execution of respondent's                
          forms, the execution of such forms controls resolution of whether           
          a settlement agreement was in fact made.  See, e.g., Estate of              
          Ray v. Commissioner, T.C. Memo. 1995-561, affd. 112 F.3d 194 (5th           
          Cir. 1997); see also Brookstone Corp. v. United States, 74 AFTR             
          2d 94-6025, 94-2 USTC par. 50,474 (S.D. Tex. 1994), affd. per               
          curiam without published opinion 58 F.3d 637 (5th Cir 1995).  We            
          turn to the question whether the settlement was so conditioned.             
               The Nirschls were never involved directly in the settlement            
          negotiations.  Those negotiations were done by Messrs. Long,                
          Faber, and Noumair.  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 taxpayer or           
          the taxpayer's representative.  This was consistent with Mr.                
          Faber's understanding when he was involved with the case 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              





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