H. Robert Feinberg - Page 49

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               35.  On January 20, 1989 Stuart Becker, as the                         
                    Tax Matters Partner of SAB Foam Recycling Associates,             
                    sent a letter to the District Director of the Internal            
                    Revenue Service withdrawing the September 28, 1988                
                    agreement to be bound by the lead cases.  A copy of the           
                    January 20, 1989 letter is attached hereto as Exhibit             
                    11-J.  [See supra p. 15.]                                         
               The stipulation paragraphs quoted above merely summarize the           
          language of the protest letter and the withdrawal letter and                
          refer to attached exhibits for the specific language.  The                  
          language of the stipulation does not support the conclusion that            
          respondent agreed that the protest letter was equivalent to an              
          executed piggyback agreement.  Petitioner’s counsel essentially             
          argues that by stipulation respondent’s counsel has agreed to               
          concede the issues in dispute in this case.  The language of the            
          stipulation does not support this startling conclusion, nothing             
          else in the record supports it, and respondent’s counsel clearly            
          and explicitly has denied it.  We disagree with petitioner’s                
          counsel’s interpretation of the stipulation of facts.                       
               Accordingly, we hold that petitioner is not entitled to the            
          benefits of the Miller settlement or the piggyback agreement                
          concerning Plastics Recycling cases.                                        
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             under Rule 155.                          








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