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representative of the affiliated group, depriving the Court of
jurisdiction.
Petitioner was represented by John M. Newman, Jr., and
Kenneth E. Updegraft, Jr. when it filed the petition. The
signatures of Messrs. Newman and Updegraft appear on the
petition. Messrs. Newman and Updegraft are partners in the same
law firm that represented petitioner and Interlake in the
preparation of the tax indemnification agreement.
After settlement discussions in which respondent agreed,
subject to the execution of a closing agreement, to treat
Interlake as the common parent of the affiliated group,
respondent issued a duplicate notice of deficiency to Interlake
on February 8, 1996. Interlake filed a petition on May 1, 1996,
and the case was assigned docket No. 8258-96. Interlake was
represented by Messrs. Newman and Updegraft when it filed that
petition. The signatures of Messrs. Newman and Updegraft appear
on Interlake’s petition.
On December 4, 1997, respondent entered into a stipulation
of settled issues with petitioner. Paragraph 1 states that
Interlake is the continuing common parent of the affiliated
group; paragraphs 2 through 8 provide that petitioner is allowed
an investment tax credit carryback from 1982 to 1981 which
resulted in an increased deficiency for 1980, deductions for
capital loss carrybacks from 1986 to 1984 and 1983, a net
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