Malcolm I. Lewin and Trina Lewin - Page 45

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               5.  A decision shall be submitted in this case when the                
               decision in the CONTROLLING CASE (whether litigated or                 
               settled) becomes final under I.R.C. sec. 7481;                         
               6.  If the CONTROLLING CASE is appealed, the                           
               petitioner(s) consent(s) to the assessment and                         
               collection of the deficiency(ies), attributable to the                 
               adjustment(s) formulated by reference to the Tax                       
               Court’s opinion, notwithstanding the restrictions under                
               I.R.C. sec. 6213(a);                                                   
               7.  The petitioner(s) in this case will testify or                     
               provide information in any case involving the same tax                 
               shelter adjustment, if requested; and                                  
               8.  The petitioner(s) in this case consent(s) to the                   
               disclosure of all tax returns and tax return                           
               information for the purpose of respondent’s discovering                
               or submitting evidence in any case involving the same                  
               shelter adjustment(s).                                                 
          The piggyback agreement was signed by counsel for the taxpayers             
          and respondent in the Fisher and Estate of Satin cases and filed            
          with the Court on September 12, 1988.  Thereafter, the two Miller           
          cases were settled, and agreed decision documents in those cases            
          were entered by the Court on December 22, 1988.  The settlement             
          provided that the taxpayers were not liable for the additions to            
          tax under section 6653(a) or increased interest for tax-motivated           
          transactions under section 6621(c) (Miller settlement).  Fisher             
          v. Commissioner, supra; Estate of Satin v. Commissioner, supra.             
               This Court decided Provizer v. Commissioner, T.C. Memo.                
          1992-177, on March 27, 1992.  In our Provizer opinion, and in the           
          affirmance, all of the Plastics Recycling issues were decided for           
          respondent, including the additions to tax under section 6653(a)            
          and increased interest under section 6621(c).  Respondent did not           





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