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