Mayer and Ninette Stiskin - Page 6

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          issue in the case, in an attempt to oust this Court of                      
          jurisdiction over the entire case.                                          
               Section 7121(b)(2) provides that in any legal proceeding, a            
          closing agreement "shall not be annulled, modified, set aside, or           
          disregarded."  Petitioners' position appears to be that since the           
          parties settled using the closing agreement, the Tax Court is               
          deprived of the power to determine the amount of the deficiency.            
          In the motion for leave to amend their petition, petitioners                
          argue, in substance, that by affirmatively pleading the closing             
          agreement, the Court would be without jurisdiction and would be             
          required to dismiss the case.  According to petitioners, a                  
          closing agreement coupled with affirmative pleading ousts the Tax           
          Court of jurisdiction pursuant to section 7121(b).                          
               Petitioners challenge only the enforcement of the closing              
          agreement by this Court.  They do not respond to the Government's           
          position that their case is factually indistinguishable from                
          Thornock v. Commissioner, 94 T.C. 439 (1990), or Waters v.                  
          Commissioner, supra.  Nor do they contest the amount of the                 
          deficiency agreed to in the closing agreement.  But they do press           
          the highly dubious contention that even though this Court                   
          obtained jurisdiction by the filing of their petition (on                   
          September 8, 1986), it would be divested of jurisdiction by the             
          subsequent (March 1988) closing agreement.2                                 

          2  In substance, by preventing this Court from entering a                   
                                                             (continued...)           




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