H. Robert Feinberg - Page 46

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          were entered by the Court on December 22, 1988.  The settlement             
          provided that the taxpayers were not liable for the additions to            
          tax under section 6653(a) or increased interest for tax-motivated           
          transactions under section 6621(c) (Miller settlement).  Fisher             
          v. Commissioner, T.C. Memo. 1994-434; Estate of Satin v.                    
          Commissioner, T.C. Memo. 1994-435.                                          
               This Court decided Provizer v. Commissioner, T.C. Memo.                
          1992-177, on March 27, 1992.  In our Provizer opinion, and in the           
          affirmance, all of the Plastics Recycling issues were decided for           
          respondent, including the additions to tax under section 6653(a)            
          and increased interest under section 6621(c).  Respondent did not           
          notify the taxpayers in the Fisher and Estate of Satin cases or             
          notify any other taxpayers of the settlement of the Miller cases.           
          Respondent ultimately attempted collection from the Fisher and              
          Estate of Satin taxpayers pursuant to our decision in the                   
          Provizer case and paragraph 5 of the piggyback agreement set                
          forth above.  For reasons explained more fully in our above-cited           
          opinions, we held that the taxpayers in the Fisher and Estate of            
          Satin cases were entitled to be bound by the Miller settlement.             
               Petitioner contends that the protest letter is the                     
          equivalent of a piggyback agreement that would entitle him to the           
          Miller settlement.  We disagree.  The piggyback agreement is an             









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