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these cases may be adjourned or continued to by the
Court (hereinafter "TRIED CASE").
2. All issues involving the Kersting interest
deduction tax shelter(s) shall be resolved as if the
petitioner(s) in this case is the same as the taxpayers
in the TRIED CASE;
3. A decision shall be submitted in this case
when the decision in the TRIED CASE becomes final under
I.R.C. � 7481;
4. Following entry of the decision in this case,
petitioner(s) consent to the assessment and collection
of the deficiencies, attributable to the adjustments
formulated by reference to the Tax Court's opinion,
notwithstanding the restrictions contained in I.R.C.
� 6213(a);
5. The petitioner(s) in this case will testify or
provide information in any case involving the same tax
shelter adjustments, if subpoenaed; and
6. The petitioner(s) in this case consents to the
disclosure of all tax returns and tax return
information for the purpose of respondent's discovering
or submitting evidence in any case involving the same
shelter adjustments.
7. If the Court determines the I.R.C. � 6621(d)
penalties are applicable in the test case controlling
petitioner's(s') case, then the petitioner(s) concedes
that I.R.C. � 6621(d) is applicable to any underpayment
of tax determined in their case(s) attributable to the
Kersting interest deduction tax shelter(s), if such
underpayment exceeds $1,000.00 in any one taxable year.
8. With respect to adjustments in respondent's
notice of deficiency relating to additions to the tax
under I.R.C. � 6653(a), the parties agree to the
following:
(a) Respondent concedes that the
petitioner(s) are not liable for additions to tax under
I.R.C. � 6653(a) or � 6653(a)(1) or � 6653(a)(2) for
any year prior to the taxable year 1982.
The parties agree to this stipulation of
settlement.
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