Jerry and Patricia A. Dixon, et al - Page 252




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               trial and you do not appear for trial, your case will                  
               likely be dismissed and you will be required to pay all                
               of the income tax which the government contends you                    
               owe, plus interest thereon as provided by law.                         
          William A. Goffe                                                            
          Judge                                                                       
               In November 1986, the Court issued orders notifying Kersting           
          petitioners who had not filed piggyback agreements that their               
          cases were set for trial at the Maui session.  As additional                
          Kersting project cases were docketed and identified, the Court              
          issued orders setting them for trial at the Maui session, subject           
          to being stricken if the parties executed a piggyback agreement.            
          B.   Piggyback Agreements                                                   
               As early as June 1985, Kersting program participants had               
          begun executing piggyback agreements (1985 piggyback                        
          agreements),24 drafted by Messrs. McWade and Seery, that stated             
          as follows:                                                                 
               Stipulation of Settlement for Tax Shelter Adjustments                  
                    With respect to all adjustments in respondent's                   
               notice of deficiency relating to the Kersting interest                 
               deduction tax shelter(s), the parties stipulate to the                 
               following terms of settlement:                                         
                    1.  The term Kersting programs refers to interest                 
               expense deductions or other related deductions                         
               associated with various programs promoted by Henry                     
               Kersting.                                                              
                    2.  The Kersting program deduction adjustments                    
               shall be redetermined on the same basis that the same                  
               program adjustments are resolved with respect to                       
               taxpayers trying the same program adjustments at the                   

          24  Before 1987, there was no uniform format for piggyback                  
          agreements.  In 1987 or early 1988, respondent's Tax Shelter                
          Branch issued a standard form of piggyback agreement.                       

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