15 conclude that only the second offer is subject to acceptance for the Commissioner. Specifically, petitioners argue: The word "offer" in the second * * * paragraph [of the Form 870-L(AD)] refers to the last use of the word "offer" in the first * * * paragraph, which is the offer to waive the restrictions on assessment and collection. Simply stated, this language meant that the assessment and collection of the agreed to liability could not take place until after the waiver of those restrictions was accepted on behalf of the Commissioner. * * * [Fn. ref. omitted.] We find petitioners' interpretation unconvincing. Petitioners argue that the term "undersigned", as used in the Form 870-L(AD), is ambiguous because the Form 870-L(AD) contained a signature line for both the taxpayer and respondent's representative. On May 2, 1991, when Mrs. Ray executed the Form 870-L(AD) on behalf of RDB, her signature was the only signature on the Form 870-L(AD), and she became the "undersigned". We conclude that petitioners' arguments that the Form 870-L(AD) is ambiguous are without merit. Petitioners argue that the Palka and Balboni letters constitute an offer, and signing the Form 870-L(AD) was the specified method for accepting that offer. Respondent argues that, by signing the Form 870-L(AD), petitioners extended an offer of settlement, and respondent accepted petitioners' offer on December 6, 1991. Respondent contends that the Balboni and Palka letters solicited an offer from petitioners and set a deadline for petitioners to submit the settlement agreement to the appeals office. The parties do not dispute that an agreementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011