Prochorenko v. United States

OPINION

FIRESTONE, Judge.

This case comes before the court on the parties’ cross motions for summary judgment.1 This case involves the scope of the settlement provision established by Congress under the Tax Equity and Fiscal Responsibility Act of 1982, or “TEFRA.” The issue to be determined is whether the plaintiffs are entitled to reduce their partnership tax liability based on the statutory right to a consistent settlement set forth in section 6224(c)(2) of the Internal Revenue Code.2 As discussed infra, section 6224(c)(2) requires that the IRS offer all partners in a partnership the…