Decision and Stipulation Agreement
EX-10.114 8 d13234exv10w114.txt DECISION AND STIPULATION AGREEMENT EXHIBIT 10.114 UNITED STATES TAX COURT T(2) MEDICAL, INC., ) ) Petitioner, ) ) v. ) Docket No. 13792-99 ) COMMISSIONER OF INTERNAL REVENUE, ) ) Respondent. ) DECISION Pursuant to the stipulation of the parties in this case, and incorporating herein the facts stipulated by the parties as the findings of the Court, it is ORDERED AND DECIDED: That there are deficiencies in income tax due to the petitioner for the taxable years ended September 30, 1987; September 30, 1989; September 30, 1990; and September 30, 1991 in the amounts of $2,000.00; $1,532,034.00; $6,733,729.00; and $1,601,499.00, respectively; and That there is no deficiency in income tax due from, nor overpayment due to, the petitioner for the taxable year ended September 30, 1988. (Signed) Thomas B. Wells Judge. Entered: Feb 4, 2004 * * * * * It is hereby stipulated that the Court may enter the foregoing decision in this case in accordance with the stipulation of the parties submitted herewith. It is further stipulated that interest will be assessed as provided by law on the deficiencies due from the petitioner. Docket No. 13792-99 - 2 - It is further stipulated that, effective upon the entry of this decision by the Court, petitioner waives the restrictions contained in I.R.C. Section 6213(a) prohibiting assessment and collection of the deficiencies (plus statutory interest) until the decision of the Tax Court becomes final. EMILY A. PARKER Acting Chief Counsel Internal Revenue Service /s/ THOMAS D. ARBOGAST By: /s/ DAVID J. MUNGO - ---------------------- ------------------ THOMAS D. ARBOGAST DAVID J. MUNGO Counsel for Petitioner Associate Area Counsel (LMSB) Tax Court Bar No. AT0051 Tax Court Bar No. MD0575 Schnader Harrison Segal & 1244 Speer Blvd., #500 Lewis LLP Denver, Colorado 80204 120 Fifth Ave., Suite 2700 Telephone ###-###-#### Pittsburgh, PA ###-###-#### Telephone ###-###-#### Date: 1/26/2004 Date: JAN 30, 2004 ----------------- ----------------
INSTRUCTIONS TO TAXPAYER If not already completed by an IRS employee, please fill in the information in the spaces provided on the front of this form for: o Your name (include spouse's name if a joint return) and current address; o Your social security number and/or employer identification number (whichever applies to your tax liability); o Your home and work or business telephone numbers; o The complete name and address of your employer and your financial institution; o The amount you can pay now as a partial payment; o The amount you can pay each month (or the amount determined by IRS personnel); and o The date you prefer to make this payment (This must be the same day for each month, from the 1st to the 28th). We must receive your payment by this date. If you elect the direct debit option, this is the day you want your payment electronically withdrawn from your financial institution account. REVIEW THE TERMS OF THIS AGREEMENT. When you've completed this agreement form, please sign and date it. Then, return Part 1 to IRS at the address on the letter that came with it or the address shown in the "For assistance" box on the front of the form. TERMS OF THIS AGREEMENT By completing and submitting this agreement, you (the taxpayer) agree to the following terms: o You will make each payment so that we (IRS) receive it by the monthly due date stated on the front of this form. IF YOU CANNOT MAKE A SCHEDULED PAYMENT, CONTACT US IMMEDIATELY. o This agreement is based on your current financial condition. We may modify or terminate the agreement if our information shows that your ability to pay has significantly changed. You must provide updated financial information when requested. o While this agreement is in effect, you must file all federal tax returns and pay any (federal) taxes you owe on time. o We will apply your federal tax refunds or overpayments (if any) to the amount you owe until it is fully paid. o You must pay a $43 user fee, which we have authority to deduct from your first payment(s). o If you default on your installment agreement, you must pay a $24 reinstatement fee if we reinstate the agreement. We have the authority to deduct this fee from your first payment(s) after the agreement is reinstated. o We will apply all payments on this agreement in the best interests of the United States. o WE CAN TERMINATE YOUR INSTALLMENT AGREEMENT IF: o You do not make monthly installment payments as agreed. o You do not pay any other federal tax debt when due. o You do not provide financial information when requested. o If we terminate your agreement, we may collect the entire amount you owe by levy on your income, bank accounts or other assets, or by seizing your property. o We may terminate this agreement at any time if we find that collection of the tax is in jeopardy. o This agreement may require managerial approval. We'll notify you when we approve or don't approve the agreement. HOW TO PAY BY DIRECT DEBIT Instead of sending us a check, you can pay by direct debit (electronic withdrawal) from your account at a financial institution (such as a bank, mutual fund, brokerage firm, or credit union). To do so, fill in Lines a, b, and c. Contact your financial institution to make sure that a direct debit is allowed and to get the correct routing and account numbers. LINE a. The first two digits of the routing number must be 01 through 12 or 21 through 32. Don't use a deposit slip to verify the number because it may contain internal routing numbers that are not part of the actual routing number. LINE b. The account number can be up to 17 characters. Include hyphens but omit spaces and special symbols. Enter the number from left to right and leave any unused boxes blank. NOTE: We will bill you for the first payment and the user fee. You must make the first payment by mail. All other payments will be electronically withdrawn on the same day each month from your account. IRS won't send you a reminder about this. CHECKLIST FOR MAKING INSTALLMENT PAYMENTS: 1. Write your social security or employer identification number on each payment. 2. Make your check or money order payable to "United States Treasury." 3. Make each payment in an amount at least equal to the amount specified in this agreement. 4. Don't double one payment and skip the next without contacting us first. 5. Enclose a copy of the reminder notice, if you received one, with each payment using the envelope provided. 6. If you didn't receive an envelope, call the number below. This agreement will not affect your liability (if any) for backup withholding under Public Law 98-67, the Interest and Dividend Compliance Act of 1983. QUESTIONS? -- If you have any questions about the direct debit process or completing this form, please call the applicable telephone number below for assistance. 1 ###-###-#### (Business) 1 ###-###-#### (Individuals -- Self-Employed/Business Owners) 1 ###-###-#### (Individuals -- Wage Earners) - -------------------------------------------------------------------------------- Catalog No. 16644M Form 433-D (rev. 7-2002)
