Wallace and Donnetta Duncan, et al. - Page 2

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               binding arbitration pursuant to Rule 124.  The                         
               arbitration agreement requires the parties to submit                   
               certain information to the arbitrator by a prescribed                  
               deadline and gives the arbitrator discretionary                        
               authority to request additional information.  Ps made                  
               a timely submission of information to the arbitrator                   
               and another untimely submission to which R waived any                  
               objection on condition that Ps submit no additional                    
               information.  Ps have moved to delay entering the                      
               arbitrator’s findings in the record on the ground that                 
               the arbitrator failed to request and consider certain                  
               additional information that they consider essential to                 
               their case.  Held:  Absent good cause, we shall not set                
               aside the terms of an arbitration agreement.  Ps’                      
               motion is denied.                                                      


               Moshe Schuldinger, for petitioners.                                    
               Roger W. Bracken and Avery B. Cousins III, for respondent.             


                                       OPINION                                        

               THORNTON, Judge:  A primary issue in these consolidated                
          cases is the fair market value of numerous West Virginia natural            
          gas wells with respect to which petitioners claimed charitable              
          contribution deductions.  The parties have agreed to resolve this           
          factual valuation issue by voluntary binding arbitration,                   
          pursuant to Rule 124.2  The case is now before us on petitioners’           
          motion to delay entering the arbitrator’s findings in the record.           





               2 Unless otherwise indicated, all Rule references are to the           
          Tax Court Rules of Practice and Procedure.                                  





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