- 8 - shelter project, such as the Kersting project, is assigned to a particular District Counsel’s office, that office has the authority to settle any individual case in the project. District Counsel has the authority in special circumstances to settle individual tax shelter project cases on a basis different from the project settlement offer. By September 1986, Messrs. McWade and Seery agreed to modify the 7-percent reduction settlement offer to incorporate a new feature they called the “burnout” in cases involving more than 1 taxable year. Under this feature, the interest on a taxpayer’s total unpaid deficiencies for the first and second years of tax liability would not begin to accrue until the due date for the second year. The burnout thus postponed for a year the accrual of interest on the first year’s deficiency and reduced the total interest that accrued on the deficiencies for both years. This was accomplished by zeroing out the taxpayer’s agreed deficiency for the first year and adding it to the agreed deficiency for the second year. The record does not disclose whether petitioners were aware of respondent’s pretrial settlement offer; in any event, petitioners did not enter into a settlement before trial. The Test Case Procedure It would have been a daunting task to try the cases of the hundreds of similarly situated Kersting program participants whoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011