Larry C. Gamsby - Page 8

                                        - 8 -                                         

          petitioner may have executed the form of decision with the                  
          understanding that he would be permitted to file an offer in                
          compromise, such an agreement is not reflected in the record                
          presented.  Moreover, even assuming that the parties agreed to              
          such a procedure, the filing of an offer in compromise based on             
          doubt as to collectibility, subsequent to entry of decision by              
          the Court, does not provide a basis for setting aside what is               
          otherwise a final decision.3                                                
          Petitioner's contention that Revenue Agent Rice determined                  
          petitioner's status as an employee during the audit stage of the            
          case is likewise misplaced.  The revenue agent's report that                
          petitioner relies on is not a determination that is binding on              
          either respondent or the Court.  See Casey v. Commissioner, 38              
          T.C. 357, 381 (1962); Wilson v. Commissioner, 16 B.T.A. 1280,               
          1285 (1929); Gilmartin v. Commissioner, T.C. Memo. 1973-247.  To            
          the contrary, respondent's final determination regarding                    
          petitioner's tax liability for 1991 and 1992 is set forth in the            
          notice of deficiency dated September 13, 1995.  That notice                 
          clearly indicates that respondent determined that petitioner is             
          liable for self-employment tax.                                             
               In sum, the decision entered in this case is now final, and            
          petitioner has failed to persuade us that such decision                     

          3         At the hearing on petitioner's motion, counsel for                
          respondent stated that petitioner was still free to file an offer           
          in compromise based on doubt as to collectibility.                          




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011