Jerry and Patricia A. Dixon, et al. - Page 136

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          denominator of $79,294 (the 1979-1981 tax deficiencies the                  
          Thompsons would have paid absent the settlement).                           
               D.   Other Benefits Relating to the Thompsons’                         
                    1981 Tax Year                                                     
                    1.   Elimination of the Thompsons’ Late                           
                         Filing (Non-Kersting) Addition for 1981                      
               Petitioners maintain that the denominator of the settlement            
          fraction should be increased by $4,934.32, representing the late            
          filing addition in the Thompsons’ statutory notice for 1981 that            
          they would have had to pay absent the settlement of their 1979-             
          1981 tax years.  We disagree.  Respondent’s proposed application            
          of non-Kersting penalties and additions was specific to                     
          individual taxpayers, unlike the Kersting-related deficiencies              
          and additions for which all affected taxpayers are liable.  For             
          that reason, we believe it is appropriate to limit the benefit of           
          this aspect of the Thompson settlement (relief from liability for           
          non-Kersting additions) to those affected taxpayers who, like the           
          Thompsons, were subject to non-Kersting additions.  We therefore            
          deal with this aspect of the Thompson settlement separately from            
          our determination of the percentage reduction in Kersting                   
          deficiencies that will apply to all affected taxpayers.  See                
          infra Part II.G.1.                                                          











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