Robert S. Cohen and Margery Cohen - Page 41

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          Estate of Satin v. Commissioner, T.C. Memo. 1994-435.                       
          Additionally, petitioners argue that in the stipulation of facts            
          in the present case, “the parties unequivocally stipulated that             
          petitioner agreed to be bound to the lead cases under the                   
          piggyback agreement.  (Supp. Stip., pars. 34-35).”  Respondent              
          disagrees with these arguments, and we agree with respondent.               
               In Fisher and Estate of Satin this Court summarized the                
          background of the piggyback agreement in the Plastics Recycling             
          group of cases.  On June 12, 1987, this Court ordered that the              
          lead counsel for the taxpayers in the Plastics Recycling cases              
          and respondent designate test or lead cases which would present             
          all issues involved in the Plastics Recycling cases.  In a letter           
          dated August 14, 1987, respondent notified the Court that lead              
          counsel for the taxpayers and respondent had selected the                   
          following docketed cases as the lead cases in the Plastics                  
          Recycling group:  (1) Fine v. Commissioner, docket No. 35437-85;            
          (2) Miller v. Commissioner, docket No. 10382-86; and (3) Miller             
          v. Commissioner, docket No. 10383-86.  In early 1988, the Fine              
          case concluded without trial.  The parties, thereafter, selected,           
          and the Court designated, the case of Provizer v. Commissioner,             
          docket No. 27141-86, as a lead case along with the two Miller               
          cases.                                                                      
               After the lead counsel for the taxpayers and respondent                
          agreed upon the test cases, respondent prepared a piggyback                 






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