Malcolm I. Lewin and Trina Lewin - Page 44

                                       - 44 -                                         
               1.  THE ABOVE ADJUSTMENT IS THE ONLY ISSUE IN THIS                     
               CASE;                                                                  
               2.  The above adjustment(s), as specified in the                       
               preamble, shall be determined by application of the                    
               same formula as that which resolved the same tax                       
               shelter adjustments with respect to the following                      
               taxpayer(s):                                                           
               Names(s): Harold M. Provizer and Joan Provizer v.                      
               Commissioner of Internal Revenue                                       
               Tax Court Docket No.: 27141-86                                         
               Names(s): Elliot I. Miller v. Commissioner of Internal                 
               Revenue                                                                
               Tax Court Docket No.: 10382-86                                         
               Names(s): Elliot I. Miller and Myra K. Miller v.                       
               Commissioner of Internal Revenue                                       
               Tax Court Docket No.: 10383-86                                         
               (hereinafter the CONTROLLING CASE)                                     
               3.  All issues involving the above adjustment(s) shall                 
               be resolved as if the petitioner(s) in this case                       
               was/were the same as the taxpayer(s) in the CONTROLLING                
               CASE;                                                                  
               a.  If the Court finds that any additions to tax or the                
               section 6621(c) interest are applicable to the                         
               underpayment attributable to the above-designated tax                  
               shelter adjustment(s), the resolution of the tax                       
               shelter issue and the applicability of such addition to                
               tax or interest to that tax shelter issue in the                       
               CONTROLLING CASE, whether by litigation or settlement,                 
               shall apply to petitioner(s) as if the petitioner(s) in                
               this case was/were the same as the taxpayer(s) in the                  
               CONTROLLING CASE;                                                      
               4.  If the adjustment is resolved in the CONTROLLING                   
               CASE in a manner which affects the same issue in other                 
               years (e.g., * losses in later years or affects                        
               depreciation schedules), the resolution will apply to                  
               petitioners’ later years as if the petitioners in this                 
               case was/were the same as the taxpayer(s) in the                       
               CONTROLLING CASE;                                                      







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