Jerry and Patricia A. Dixon, et al - Page 190




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          the DuFresnes were liable for such increased interest for the               
          taxable years 1982 and 1983.  In short, Judge Goffe sustained               
          these determinations on the ground that the Court had already               
          determined that the test case petitioners' underpayments were               
          attributable to sham transactions.  Consistent with our finding             
          that Mr. Thompson's testimony was not material to Judge Goffe's             
          conclusion that the Kersting transactions were shams, we are                
          convinced that Mr. Thompson's testimony was not material to Judge           
          Goffe's decision to sustain respondent's determinations                     
          respecting increased interest.                                              
               Although Judge Goffe also sustained respondent's                       
          determinations that the Thompsons were liable for an addition to            
          tax for late filing under section 6651(a)(1) for 1981 and                   
          additions to tax for negligence for the taxable years 1979 and              
          1981, these holdings have no bearing on nontest case petitioners.           
          In particular, nontest case petitioners who signed 1985 piggyback           
          agreements did not agree to be bound by the Court's holdings                
          regarding additions to tax.  Further, while nontest case                    
          petitioners who signed post-1985 piggyback agreements agreed to             
          be bound by the Court's holding regarding test case petitioners'            
          liability for increased interest under section 6621(c), they did            
          not agree to be bound by the Court's holding regarding test case            
          petitioners' liability for additions to tax under section 6651(a)           
          and they were to be relieved of liability for additions to tax              
          for negligence for years before 1982.                                       



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