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petitioners for 1981 through 1986.1 Petitioners argue that
Appeals was required to accept their offer of $32,000 to
compromise what they estimate is their approximately $400,000
Federal income tax liability (inclusive of interest) for 1981
through 1998.2 We decide whether Appeals abused its discretion
in rejecting that offer.3 We hold it did not.
FINDINGS OF FACT4
The parties filed with the Court stipulations of fact and
accompanying exhibits. The stipulated facts are found
1 Unless otherwise indicated, section references are to the
applicable versions of the Internal Revenue Code. Dollar amounts
are rounded.
2 While the proposed levy related only to 1981 through 1986,
petitioners offered to compromise their liability for 1987
through 1998 as well.
3 Petitioners also dispute respondent’s determination that
they are liable for increased interest under sec. 6621(c). This
interest relates to deficiencies attributable to “computational
adjustments”, see secs. 6230(a)(1) and 6231(a)(6), made following
the Court’s decision in Shorthorn Genetic Engg. 1982-2, Ltd. v.
Commissioner, T.C. Memo. 1996-515. As to this dispute, the
parties have agreed to be bound by a final decision in Ertz v.
Commissioner, docket No. 20336-04L, which involves a similar
issue.
4 Following a trial of this case, the Court ordered each
party to file an opening brief of no more than 25 pages.
Petitioners filed a 25-page opening brief that attempts to
circumvent the Court’s order by incorporating (1) lengthy
arguments made in their 38-page pretrial memorandum and (2) 90
paragraphs of stipulated facts. To the extent that an argument
or proposed finding of fact is not specifically set forth in
petitioners’ opening brief, we decline to consider it.
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