Thomas J. Fisher and Ann M. Fisher, et al. - Page 5




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          terms that would allow the investors an ordinary loss deduction             
          for the amount of cash invested in the partnerships.  For                   
          partnerships formed in 1979 and 1980, respondent’s offer of                 
          settlement expired on September 5, 1986.  By that date,                     
          petitioners did not respond to respondent’s offer of settlement.            
               On December 27, 1988, petitioners mailed to respondent 10              
          checks totaling $130,836.  On each check, petitioners indicated             
          whether the amount of each check should be applied to taxes or to           
          interest owed for each year.  No indication appeared on the                 
          checks as to whether the payments were being made in settlement             
          of all or any portion of the tax liabilities determined by                  
          respondent against petitioners, nor did any indication appear on            
          the checks as to whether the payments were being made for any tax           
          liabilities relating to White Rim or to Syn-Fuel, or both.                  
               Over the course of 1989 through 1997, petitioners and their            
          counsel and respondent exchanged various correspondence and other           
          documents discussing petitioners’ tax liabilities and that                  
          petitioners on December 27, 1988, had partially paid.  The                  
          correspondence makes clear that, except as noted below, no                  
          settlement was entered into by petitioners and respondent for any           
          of the tax years in dispute herein.                                         
               For example, included in the documents petitioners submitted           
          to respondent are claims for refund that petitioners filed in               
          1990 and in 1994 seeking refunds from respondent of amounts                 






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