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Corp. v. Commissioner, 90 T.C. 315, 322 (1988); Korangy v.
Commissioner, T.C. Memo. 1989-2, affd. 893 F.2d 69 (4th Cir.
1990). However, we will not force a settlement on the parties
where no settlement was intended. See Autera v. Robinson, 419
F.2d 1197 (D.C. Cir. 1969).
B. Analysis of Settlement Agreements
The issue before us is whether the subsequent tentative
refund should be subtracted from the tax assessed and paid for
1985, the result of which is a deficiency. When we examine the
language used in the 1999 stipulation, we find that it does not
specifically provide for the tax assessed and paid for the 1985
year to be reduced by the subsequent tentative refund. The
relevant portion of the 1999 stipulation does state that the
“income tax at issue” for the 1985 year should be computed
according to the 1996 stipulation.15
The 1996 stipulation provides that as to the 1983, 1984, and
1985 tax years, petitioner should not be given credit for
carrybacks which are not in issue (i.e., the carrybacks should
not be considered in determining taxable income and the
corresponding tax liability). The 1996 stipulation also states
that the 1983 and 1984 tax assessed and paid should be reduced by
15 We believe that the reference in par. 3 of the 1999
stipulation indicating that the deficiency be computed according
to par. 1 refers to par. 1 of the 1999 stipulation and not the
1996 stipulation.
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