- 9 - years. However, while petitioners apparently also claimed non- cash-contribution deductions on their 2002 return, the issue was not raised in the examination, nor were the deductions disallowed in the 2002 deficiency notice. The 2002 year (Omaha case) moved though the normal administrative procedures and became docketed in this Court at a time when the earlier years’ cases (Phoenix cases) were at a more advanced stage of development. The Omaha and Phoenix cases were being handled by different Government counsel, and different cities had been requested for trial. In a routine manner, the Omaha case was assigned to Appeals for settlement, and, after exchanges with Appeals, petitioners sent a letter proposing settlement. Coincidentally, a few weeks later, Government counsel in the Phoenix cases moved to continue the cases from the scheduled Phoenix trial session. After not being able to obtain a response from Appeals to their 2002 year offer, petitioners contacted Government counsel in Omaha, who was not aware of the non-cash-contribution issues in the Phoenix cases and was not familiar with the details of the negotiations or settlement offer during the Appeals process. When petitioners’ counsel asked respondent’s Omaha counsel about the status of the settlement offer, Government counsel made some affirmation that the matter was settled (per petitioners) or that settlement was likely (per respondent). Considering that scenario with those two possiblePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011