Becker Holding Corporation and Subsidiaries - Page 10

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          Kaufman did not hold any of the positions specified in Delegation           
          Order No. 66 when he was handling the instant case and,                     
          therefore, did not have the authority to settle the case.  The              
          declarations further state that Ms. Beach, Mr. Kaufman’s Team               
          Manager, did have the authority to settle but did not exercise              
          her authority by entering into an agreement, or approving any               
          agreement, settling the Federal income tax liabilities of                   
          petitioner for the years at issue.  Petitioner has failed to                
          counter those declarations with anything but unsupported                    
          allegations.  Rauenhorst v. Commissioner, 119 T.C. 157, 176                 
          (2002).                                                                     
               It has long been held that “persons dealing with an agent of           
          the government must take notice of the limitations of his                   
          authority.”  Bornstein v. United States, 345 F.2d 558, 562 (Ct.             
          Cl. 1965); see Graff v. Commissioner, 74 T.C. 743, 762 (1980),              
          affd. per curiam 673 F.2d 784 (5th Cir. 1982); Midwest Motor                
          Express, Inc. v. Commissioner, 27 T.C. 167, 182 (1956), affd. 251           
          F.2d 405 (8th Cir. 1958).  Petitioner had the responsibility to             
          determine the extent of Mr. Kaufman’s authority.  See Boulez v.             
          Commissioner, 76 T.C. 209, 214 (1981), affd. 810 F.2d 209 (D.C.             
          Cir. 1987).                                                                 
               Further, the Commissioner is not bound by an apparent                  
          settlement where an agent is without authority to compromise a              
          taxpayer’s tax liability.  Botany Worsted Mills v. United States,           






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