- 9 - the agreement. Sec. 301.7121-1(d)(1), Proced. & Admin. Regs. Both closing agreements in this case were executed on Forms 866, Agreement as to Final Determination of Tax liability. The closing agreements establish the tax liability of Timothy Riffe, deceased, and Kathleen Pert for income tax deficiencies and additions to tax for 1986, 1988, and 1989. Sec. 7121(b); Estate of Magarian v. Commissioner, 97 T.C. 1, 4-5 (1991); Zaentz v. Commissioner, 90 T.C. at 753. Timothy Riffe, deceased, Kathleen Pert and respondent are bound by the closing agreements, absent a showing of fraud, malfeasance, or a misrepresentation of material fact. Sec. 7121(b).2 Petitioner does not allege that the closing agreements in this case were obtained by fraud, malfeasance, or a misrepresentation of a material fact. 3. Whether a Transferee Is Bound by a Closing Agreement Made by the Transferor We are not aware of any case that decides whether a transferee or successor transferee is bound by a closing agreement made under section 7121 by the transferor. 2 The standards for invalidating a closing agreement under sec. 7121 are similar to the standards for vacating a stipulated decision entered by a court; i.e., fraud, malfeasance, or the misrepresentation of a material fact. See Korangy v. Commissioner, 893 F.2d 69, 72 (4th Cir. 1990), affg. T.C. Memo. 1989-2; Stamm International Corp. v. Commissioner, 90 T.C. 315 (1988). Estate tax closing agreements (Form 870-AD) do not have the same finality as closing agreements under sec. 7121. Schwager v. Commissioner, 64 T.C. 781, 789 (1975).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011