- 45 - 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 notPage: 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