- 263 - 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.Page: Previous 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 Next
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