- 15 - is what is meant by the term “tax” in the phrase “the final determination of tax”. Respondent, on the other hand, argues that only a closing agreement covering all adjustments or issues for an entire year can finalize a taxpayer’s liability for that year. Respondent’s argument presumes that the phrase “the final determination of tax” means the final determination of the taxpayer’s tax for the entire year. We agree with respondent that the words used in the agreement evince an intent that only a final determination of the Joneses’ tax for the entire period covered by the agreement would terminate the agreement. Paragraph (2) of the agreement states that “Some assessments do not reflect a final determination” and then sets forth some examples, including the assessment of “tax under a partial agreement” and the assessment of "advance payments". We interpret the closing agreement with respect to the art tax shelter to be a partial agreement, in that the closing agreement did not purport to cover the Joneses’ entire 1981 taxable year. The closing agreement was limited only to the art tax shelter adjustment. Consequently, the assessment of tax with respect to the art tax shelter adjustment was not a final determination of tax as called for in the Form 872-A. See Drummond Co. v. United States, 70 AFTR 2d 92-5185, 92-2 USTC par. 50,339, (N.D. Ala. 1992). Even were we to conclude that the words used in the Form 872-A are susceptible of more than one meaning and, therefore,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011