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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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