- 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