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In the unlikely event respondent fails to give effect to the
concession (or if there is a dispute about how the concession is
to be applied), there will be time enough to consider whether and
how to address the matter in a collection action or other
appropriate proceeding.
To give effect to the foregoing,
Decisions will be entered
under Rule 155.
69(...continued)
259 (1990) and Riggs v. Palmer, 22 N.E. 188, 190 (N.Y. App. Ct.
App. 1889), as authorizing (or even suggesting) the proposition
that accrual of interest on Kersting-related deficiencies as
they have been reduced by our application of the mandates should
cease as of Dec. 31, 1986, the date petitioners argue the fraud
commenced.
Petitioners also argue that interest should not continue to
accrue beyond Dec. 31, 1986, because the result of the final
settlement arrived at in 1989 was to convert the interest
payments made by the Thompsons as of Dec. 31, 1986, into payments
of tax that satisfied their agreed tax liabilities and stopped
any further accrual of interest against them. It suffices to
point out that the Thompsons made the necessary payments around
the end of 1986. Those petitioners who remain in a deficiency/
underpayment posture under the mandates made no such payments,
and interest on their reduced deficiencies therefore continued to
accrue until the effective date of respondent’s concession.
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