Estate of Raymond E. Jones, Deceased, Dorothy J. Jones, Independent Executrix, and Dorothy J. Jones - Page 15

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          is what is meant by the term “tax” in the phrase “the final                 
          determination of tax”.  Respondent, on the other hand, argues               
          that only a closing agreement covering all adjustments or issues            
          for an entire year can finalize a taxpayer’s liability for that             
          year.  Respondent’s argument presumes that the phrase “the final            
          determination of tax” means the final determination of the                  
          taxpayer’s tax for the entire year.                                         
               We agree with respondent that the words used in the                    
          agreement evince an intent that only a final determination of the           
          Joneses’ tax for the entire period covered by the agreement would           
          terminate the agreement.  Paragraph (2) of the agreement states             
          that “Some assessments do not reflect a final determination” and            
          then sets forth some examples, including the assessment of “tax             
          under a partial agreement” and the assessment of "advance                   
          payments".  We interpret the closing agreement with respect to              
          the art tax shelter to be a partial agreement, in that the                  
          closing agreement did not purport to cover the Joneses’ entire              
          1981 taxable year.  The closing agreement was limited only to the           
          art tax shelter adjustment.  Consequently, the assessment of tax            
          with respect to the art tax shelter adjustment was not a final              
          determination of tax as called for in the Form 872-A.  See                  
          Drummond Co. v. United States, 70 AFTR 2d 92-5185, 92-2 USTC par.           
          50,339, (N.D. Ala. 1992).                                                   
               Even were we to conclude that the words used in the Form               
          872-A are susceptible of more than one meaning and, therefore,              




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