H. Robert Feinberg - Page 47

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          intricately developed contract16 with specific provisions                   
          tailored to the Plastics Recycling group of cases.  Only the                
          execution of a piggyback agreement by both petitioner and                   
          respondent could reflect the parties’ mutual assent to settle the           
          instant case based on the disposition of the lead case.  See                
          Fisher v. Commissioner, supra, and Estate of Satin v.                       
          Commissioner, supra, in which counsel for the taxpayers and                 
          respondent signed the piggyback agreement.  Neither petitioner’s            
          counsel (or counsel for the general partner) in this case nor               
          respondent’s counsel executed a piggyback agreement.                        
          Petitioner’s contention that the protest letter approximates a              
          piggyback agreement is mistaken.  At best, the protest letter               
          indicates an intention that petitioner might be willing to enter            
          into a formal piggyback agreement, but nothing in the record                
          indicates that petitioner followed up on any such intent.                   
               The protest letter itself indicates an intention “to follow            
          the Tax Court’s decision in the lead cases” but omits any mention           
          of following a settlement of the lead cases, although that                  
          possibility is specifically mentioned in paragraph 5 of the                 
          piggyback agreement.  Moreover, within a month after the Miller             
          settlement was executed, Becker as TMP, having become aware of              

               16  The protest letter itself indicates an intention “to               
          follow the Tax Court’s decision in the lead cases” but omits any            
          mention of following a settlement of the lead cases, although               
          that possibility is specifically mentioned in paragraph 5 of the            
          piggyback agreement.                                                        





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