- 4 - Swanton programs. In September 1991, respondent and counsel representing the TEFRA Swanton programs reached a basis of settlement, but finalization of the settlement was deferred pending the trial of the pre-TEFRA cases. Two trials for the pre-TEFRA Swanton programs were conducted in the Tax Court, one in 1989 and the other in 1992. Smith v. Commissioner, 92 T.C. 1349 (1989); Kelley v. Commissioner, T.C. Memo. 1993-495. Respondent filed his final brief in the pre- TEFRA Tax Court litigation on August 14, 1992.5 Negotiations regarding the terms of the settlement of the TEFRA Swanton programs then restarted and continued until September 1993. The final terms of settlement allowed the investors to deduct half their cash investments, and subjected them to increased interest under section 6621(c). In late 1993, Ms. Sullivan began working on the implementation of the basis of settlement for the TEFRA partnerships. Although other IRS employees helped her occasionally, Ms. Sullivan was generally the only IRS employee assigned to the task of implementing the basis of settlement. The settlement required her to draft closing agreements with settlement numbers for each of the 37 Redwood partners, including 5 The Tax Court docket entry sheet for Kelley v. Commissioner, supra, docket No. 34982-85, shows this date. Respondent filed a notice of intent not to file a surrebuttal brief on Sept. 30, 1992.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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