Christine A. Dormer - Page 12

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          closing agreement as to the tax liability of any person can be              
          executed.”); Harbaugh v. Commissioner, T.C. Memo. 2003-316 (“It             
          is well settled that section 7122 and the regulations thereunder            
          provide the exclusive method of effectuating a valid compromise             
          of assessed tax liabilities.”); Ringgold v. Commissioner, T.C.              
          Memo. 2003-199 (“The law regarding compromises is well                      
          established.  The regulations and procedures under section 7122             
          provide the exclusive method of effectuating a compromise.”).               
               For instance, pertinent regulations require that any closing           
          agreement or offer-in-compromise be submitted and/or executed on            
          or in the specific form prescribed by the IRS.  Secs. 301.7121-             
          1(d), 301.7122-1(d), Proced. & Admin. Regs.3                                
               The above principle of exclusivity derives from the early              
          ruling by the U.S. Supreme Court in Botany Worsted Mills v.                 
          United States, 278 U.S. 282 (1929).  In construing a predecessor            
          of section 7122, the Supreme Court opined that “Congress intended           


               3 Sec. 301.7122-1, Proced. & Admin. Regs., contains an                 
          effective date provision stating that the section applies to                
          offers-in-compromise pending on or submitted on or after July 18,           
          2002.  Sec. 301.7122-1(k), Proced. & Admin. Regs.  Previous                 
          temporary regulations by their terms apply to offers-in-                    
          compromise submitted on or after July 21, 1999, through July 19,            
          2002.  Sec. 301.7122-1T(j), Temporary Proced. & Admin. Regs., 64            
          Fed. Reg. 39027 (July 21, 1999).  The final and temporary                   
          regulations do not differ materially in substance in any way                
          relevant here, and temporary regulations are entitled to the same           
          weight and binding effect as final regulations.  Peterson Marital           
          Trust v. Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d              
          795 (2d Cir. 1996).  For simplicity and convenience, citation is            
          to the final regulations.                                                   





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