Christine A. Dormer - Page 19

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               This distinction among the various components of                       
          petitioner’s 1998 liabilities was consistently maintained by                
          respondent in the Form 12257 memorializing the agreement.  The              
          document stated:  “It has been determined to decrease the tax               
          liability from $6,997 to $5,247.75.  The $1,399 penalty will be             
          abated in full.”                                                            
               In addition, rather than implying that a final payment                 
          amount had been calculated, the correspondence sent by respondent           
          repeatedly indicated that further adjustments could be                      
          forthcoming.  The May 29, 2002, letter accompanying the Form                
          12257 explained:  “After Appeals closes the case it will be sent            
          to the Service Center for the agreed changes to be processed.               
          The Service center will then send an adjustment notice to the               
          taxpayer with the exact amount due.”  The Form 12257 itself noted           
          that “The taxpayer will pay the balance due after receipt of the            
          adjustment from the Service Center.”  The July 9, 2002, letter              
          confirming respondent’s approval of the settlement and sent after           
          receipt of petitioner’s $4,244.75 check is even more explicit:              
          “We will adjust your account and figure the interest.  If you               
          haven’t paid the full amount due, the IRS Center will send a bill           
          for any additional amount you owe.  If you are due a refund, the            
          IRS Center will mail it to you.”                                            
               Moreover, Ms. Hornstein’s testimony at trial reflects that             
          she at no time considered interest, or settlement thereof, to be            






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