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MILLER TABAK HIRSCH & CO. v. C.I.R.

No. 218, Docket 95-4216.

101 F.3d 7 (1996)

MILLER TABAK HIRSCH & CO., MTH Holdings, Inc., Tax Matters Partner, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 21, 1996.

Attorney(s) appearing for the Case

John Peter Coll, Jr., New York City (Christopher P. Johnson, Donovan Leisure Newton & Irvine, New York City, of counsel), for Petitioners-Appellees.

Sally J. Schornstheimer, Attorney, Tax Division, Department of Justice, Washington, DC, (Loretta G. Argrett, Assistant Attorney General, Washington, DC; Gary R. Allen, Ann B. Durney, Attorneys, Tax Division, Department of Justice, Washington, DC), for Respondent-Appellant.

Before: KEARSE, LEVAL, and CABRANES, Circuit Judges.

LEVAL, Circuit Judge:

This appeal challenges the United States Tax Court's interpretation of a settlement agreement between the Internal Revenue Service (the "IRS") and Miller Tabak Hirsch & Co. (including its affiliate MTH Holdings, Inc., Tax Matters Partner) (collectively "MTH").

The IRS asserted numerous adjustments to MTH's partnership tax returns for tax years 1982-1985. MTH filed suit in the tax court contesting...

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