- 46 - that the litigation of the lead case and many others has been decided unfavorably to their position, they should be considered to have accepted the piggyback agreement that their TMP explicitly rejected. Additionally, petitioners argue that a portion of the stipulation of facts amounts to a concession by respondent’s counsel that petitioners are entitled to the Miller settlement. The stipulation paragraphs are as follows: 34. On September 28, 1988 Robert L Steele, on behalf of the Tax Matters Partner of SAB Foam Recycling Associates, filed a protest against the adjustments to the 1982 and 1983 tax years proposed by the Internal Revenue Service resulting from an examination of SAB Foam Recycling Associates. In such protest the Tax Matters Partner of SAB Foam Recycling Associates agreed to follow the Tax Court’s decision in the following lead cases: Miller v. Commissioner, Docket No. 10382-89; Miller v. Commissioner, Docket No. 10383-86; and Provizer v. Commissioner, Docket No. 27141-86. A copy of the protest of the Tax Matters Partner of SAB Foam Recycling Associates dated September 28, 1988 is attached hereto and marked as Exhibit 10-J [See supra p. 14.] 35. On January 20, 1989 Stuart Becker, as the Tax Matters Partner of SAB Foam Recycling Associates, sent a letter to the District Director of the Internal Revenue Service withdrawing the September 28, 1988 agreement to be bound by the lead cases. A copy of the January 20, 1989 letter is attached hereto as Exhibit 11-J. [See supra pp. 14-15.] The stipulation paragraphs quoted above merely summarize the language of the protest letter and the withdrawal letter and refer to attached exhibits for the specific language. The language of the stipulation does not support the conclusion thatPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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