By: dmc-admin//May 28, 2002//
“In this case, although the Beach group opposed the entry of a final order allowing the Spicer partners to participate in the settlement, the group proceeded to file amended tax returns along with ‘final and conclusive’ closing agreements shortly after the Tax Court entered its decision. Thus, by its own actions, the group manifested an intent to proceed with the settlement and adhere to its requirements. The group waived any objections to the Tax Court’s ruling on the inclusion of the Spicer partners and, therefore, mooted the underlying controversy.”
Dismissed.
Appeal from the United States Tax Court, Colvin, J., Coffey, J.