H. Robert Feinberg - Page 44

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               After the lead counsel for the taxpayers and respondent                
          agreed upon the test cases, respondent prepared a piggyback                 
          agreement with respect to the Plastics Recycling project so that            
          taxpayers who did not wish to litigate their cases individually             
          could agree to be bound by the results of the test cases.  Fisher           
          v. Commissioner, supra; Estate of Satin v. Commissioner, supra.             
          The piggyback agreement, as set forth in the Fisher and Estate of           
          Satin cases, provides as follows:                                           
               With respect to all adjustments in respondent’s notice                 
               of deficiency relating to the Plastics Recycling tax                   
               shelter, the parties stipulate the following terms of                  
               settlement:                                                            
               1.  THE ABOVE ADJUSTMENT IS THE ONLY ISSUE IN THIS                     
               CASE;                                                                  
               2.  The above adjustment(s), as specified in the                       
               preamble, shall be determined by application of the                    
               same formula as that which resolved the same tax                       
               shelter adjustments with respect to the following                      
               taxpayer(s):                                                           
               Names(s): Harold M. Provizer and Joan Provizer v.                      
               Commissioner of Internal Revenue                                       
               Tax Court Docket No.: 27141-86                                         
               Names(s): Elliot I. Miller v. Commissioner of Internal                 
               Revenue                                                                
               Tax Court Docket No.: 10382-86                                         
               Names(s): Elliot I. Miller and Myra K. Miller v.                       
               Commissioner of Internal Revenue                                       
               Tax Court Docket No.: 10383-86                                         
               (hereinafter the CONTROLLING CASE)                                     
               3.  All issues involving the above adjustment(s) shall                 
               be resolved as if the petitioner(s) in this case                       
               was/were the same as the taxpayer(s) in the CONTROLLING                
               CASE;                                                                  





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