James D. Barber and Betty L. Barber - Page 29




                                       - 29 -                                         
          Internal Revenue, Respondent”.14  Subsequently, on February 23,             
          1994, the Court entered decision in the Whitman case pursuant to            
          the Commissioner’s Motion for Entry of Decision under Rule                  
          248(b).  The Court’s decision, which reflected the full                     
          concession by Whitman of all items of income, loss, and the                 
          underlying valuation used for the Sentinel EPS recyclers for tax            
          credit purposes for 1982 and 1983, completely sustained the                 
          Commissioner’s FPAA determinations for those years.15                       
               At no time during the pendency of the proceedings in docket            
          No. 14535-89 did petitioners file with the Court a notice of                
          election to participate in the partnership action pursuant to               
          Rule 245(b).                                                                
                                      OPINION                                        
               We have decided many Plastics Recycling cases.  Most of                
          those cases have presented issues regarding additions to tax for            
          negligence.  See, e.g., Barlow v. Commissioner, T.C. Memo. 2000-            
          339; Carroll v. Commissioner, T.C. Memo. 2000-184; Ulanoff v.               
          Commissioner, T.C. Memo. 1999-170; Gottsegen v. Commissioner,               
          T.C. Memo. 1997-314; Greene v. Commissioner, T.C. Memo. 1997-296;           


               14  All of the limited partners of Whitman who had an                  
          interest in the outcome of the partnership proceeding were                  
          treated as parties to the proceeding.  See sec. 6226(c) and (d).            
          See also Title XXIV, Tax Court Rules of Practice and Procedure,             
          regarding partnership actions.                                              
               15  Similarly, the Court’s decision completely sustained the           
          Commissioner’s FPAA determinations for 1984 and 1985.                       





Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011