- 44 -
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;
Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 NextLast modified: May 25, 2011