- 47 - into a formal piggyback agreement, but nothing in the record indicates that petitioners followed up on any such intent. The protest letter itself indicates an intention “to follow the Tax Court’s decision in the lead cases” but omits any mention of following a settlement of the lead cases, although that possibility is specifically mentioned in paragraph 5 of the piggyback agreement. Moreover, within a month after the Miller settlement was executed, Becker as TMP, having become aware of that settlement, submitted to respondent a clarification that SAB Foam did not wish to be bound by the settlement and, therefore, withdrew any statement of intention to be bound by any other case. The facts of this case are that petitioners’ TMP did not execute the piggyback agreement. Instead he made it clear that he did not wish to settle the case but to rely upon the results of litigation. Petitioners’ unpersuasive argument is that, now that the litigation of the lead case and many others has been decided unfavorably to their position, they should be considered to have accepted the piggyback agreement that their TMP explicitly rejected. Additionally, petitioners argue that a portion of the stipulation of facts amounts to a concession by respondent’s counsel that petitioners are entitled to the Miller settlement. The stipulation paragraphs are as follows:Page: 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