Becker Holding Corporation and Subsidiaries - Page 14

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          T.C. Memo. 1991-539, affd. 989 F.2d 105 (2d Cir. 1993); Smith v.            
          Commissioner, supra; Scheuerman v. Commissioner, T.C. Memo. 1984-           
          160.  To effectively condition a special consent, the cover                 
          letter must in some way contrast or alter the language of the               
          Form 872-A.  Bellis v. Commissioner, T.C. Memo. 1994-28; Aronson            
          v. Commissioner, supra; Scheuerman v. Commissioner, supra.                  
               In support of its position, petitioner cites Addison H.                
          Gibson Found. v. United States, supra, in which a Federal                   
          District Court held that a Form 872, extending the period of                
          limitations on excise taxes, was conditioned on a settlement by             
          the attachment of a cover letter to the Form 872.3                          
               Gibson Found. does not support petitioner’s position.  In              
          Gibson Found., a suit for refund of both Federal income taxes and           
          Federal excise taxes was filed in Federal District Court.  Id.,             
          71A AFTR 2d at 93-3590, 91-1 USTC at 87,722.  The periods of                
          limitation on both taxes were due to expire on May 15, 1983.                
          Id., 71A AFTR 2d at 93-3588, 91-1 USTC at 87,720.  The Appeals              
          officer sent two separate Forms 872, one for income tax and one             


               3  We are not bound by a District Court’s analysis but,                
          because of the reliance placed on Addison H. Gibson Found. v.               
          United States, 71A AFTR 2d 93-3587, 91-1 USTC par. 50,178 (W.D.             
          Pa. 1991), affd. without published opinion 958 F.2d 362 (3d Cir.            
          1992), in petitioner’s argument, we address it in our opinion.              
          See Norwest Corp. & Subs. v. Commissioner, 110 T.C. 454, 503                
          (1998); A.E. Staley Manufacturing Co. & Subs. v. Commissioner,              
          105 T.C. 166, 208 (1995), revd. on other grounds and remanded 119           
          F.3d 482 (7th Cir. 1997); Estate of Schwartz v. Commissioner, 83            
          T.C. 943, 952 (1984).                                                       





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