Harvey M. Pert, Transferee - Page 8

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          2.   Closing Agreements Under Section 7121                                  
               Section 7121 provides as follows:                                      
               Sec. 7121.  Closing Agreements.                                        
                    (a) Authorization.--The Secretary is authorized                   
               to enter into an agreement in writing with any person                  
               relating to the liability of such person (or of the                    
               person or estate for whom he acts) in respect of any                   
               internal revenue tax for any taxable period.                           
                    (b) Finality.--If such agreement is approved by                   
               the Secretary (within such time as may be stated in                    
               such agreement, or later agreed to) such agreement                     
               shall be final and conclusive, and, except upon a                      
               showing of fraud or malfeasance, or misrepresentation                  
               of material fact--                                                     
                    (1) The case shall not be reopened as to the                      
                         matters agreed upon or the agreement modified                
                         by any officer, employee, or agent of the                    
                         United States, and                                           
                    (2) In any suit, action, or proceeding, such                      
                         agreement, or any determination, assessment,                 
                         collection, payment, abatement, refund, or                   
                         credit made in accordance therewith, shall                   
                         not be annulled, modified, set aside, or                     
                         disregarded.                                                 
               Statutory authority for closing agreements has existed                 
          since 1921.  Revenue Act of 1921, ch. 136, tit. XIII, sec. 1312,            
          42 Stat. 227, 313.  At least since 1934, the U.S. Treasury                  
          Department has had two forms on which closing agreements may be             
          executed.  XIII-1 C.B. 162, 162-163 (1934).  Form 866 provides              
          for a final and conclusive agreement between the Commissioner and           
          the taxpayer to the total tax liability of the taxpayer.  Form              
          906 provides for a final and conclusive agreement between the               
          Commissioner and the taxpayer to matters or issues specified in             




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