- 42 - investigation of the fair market value of the recyclers or of the underlying economic viability or financial structure of SAB Foam. Further, most of petitioner’s professional advisers had a financial interest in either SAB Foam or another similar partnership. The Plastics Recycling transaction was a sham, and, as a sophisticated attorney, petitioner should have been able to figure this out if he really had tried. Upon consideration of the entire record, respondent’s determinations that petitioners are subject to negligence penalties under section 6653(a)(1) and (2), with respect to their tax return for 1982, are sustained. Issue 2. Piggyback Agreement Petitioners argue that they are entitled to the benefits of the Stipulation of Settlement for Tax Shelter Adjustments (piggyback agreement) applicable to Plastics Recycling cases. Petitioners claim they are in essentially the same position as the taxpayers in Fisher v. Commissioner, T.C. Memo. 1994-434, and Estate of Satin v. Commissioner, T.C. Memo. 1994-435. Additionally, petitioners argue that in the stipulation of facts in the present case, “the parties unequivocally stipulated that petitioner agreed to be bound to the lead cases under the piggyback agreement. (Supp. Stip., pars. 34-35).” Respondent disagrees with these arguments, and we agree with respondent. In Fisher and Estate of Satin this Court summarized the background of the piggyback agreement in the Plastics RecyclingPage: 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