Jerry and Patricia A. Dixon, et al - Page 238




                                                 - 307 -                                                   

                                               Conclusion                                                  
                  Consistent with all the foregoing, we will issue an order                                
            reinstating the Court's opinion in Dixon v. Commissioner, T.C.                                 
            Memo. 1991-614, excepting the portions sustaining respondent's                                 
            determinations that test case petitioners were liable for                                      
            additions to tax for negligence under sections 6653(a)(2) and                                  
            6653(a)(1)(B) and increased interest under section 6621(c), and                                
            directing the parties, where appropriate, to file stipulated                                   
            decisions with the Court.                                                                      

            An appropriate order will be issued                                                            
            and decisions will be entered in docket                                                        
            Nos. 9382-83, 4201-84, 15907-84, 40159-84,                                                     
            22783-85, 30010-85, 30979-85, and 29643-86.                                                    
            An appropriate order will be issued in                                                         
            docket Nos. 17646-83, 7323-84, 20119-84,                                                       
            35608-86, 19464-92, 621-94, 7205-94,                                                           
            9532-94, 17992-95, and 17993-95.                                                               

            127(...continued)                                                                              
            program participants are not liable for additions to tax for                                   
            negligence for taxable years before 1982.  We have surmised that                               
            respondent limited this concession to taxable years before 1982                                
            on the ground that the Court’s May 1982 release of its opinion in                              
            Pike v. Commissioner, 78 T.C. 822 (1982), put prospective                                      
            Kersting program participants on notice that the Kersting                                      
            programs did not generate legitimate interest deductions.  See                                 
            supra note 26.  The record does not disclose whether respondent                                
            intends to extend the same relief across the board to all                                      
            participants in the Kersting programs whose cases have not been                                
            the subject of a final determination.  We observe that extending                               
            such relief would promote the consistency in treatment among                                   
            similarly situated taxpayers that piggyback agreements and the                                 
            test case procedure are intended to promote.                                                   

Page:  Previous  288  289  290  291  292  293  294  295  296  297  298  299  300  301  302  303  304  305  306  307  

Last modified: May 25, 2011