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shelter adjustment. They, however, did not sign such a limited
consent; instead, they chose to extend the period of limitation
as to all matters concerning their 1981 year for an indefinite
period by signing the unrestricted Form 872-A.
We cannot conclude on the record in the instant case that
the Joneses intended, at the time they signed the Form 872-A, to
ascribe the meaning to the phrase “the final determination of
tax” to which they now adhere. No evidence was offered that
would point to such an intent on the part of the Joneses. The
failure of such evidence is significant because petitioner
testified at trial and therefore could have enlightened the Court
about such an intent, a fact peculiarly within her knowledge.
Petitioner’s failure to testify as to such an intent suggests
that the testimony would have been unfavorable to petitioners.
Mecom v. Commissioner, 101 T.C. at 385 n.17 (and cases cited
therein). We think that by signing the Form 872-A under the
circumstances of the instant case, the Joneses’ actions were more
consistent with respondent’s interpretation of the agreement,
i.e., that the parties’ intended the term “tax” in the phrase
“the final determination of tax” to mean the Joneses’ tax
liability for the entire 1981 year.
Based on the foregoing, we hold that, because there was no
closing agreement signed for the Joneses’ entire 1981 year, sec.
7121; Estate of Meyer v. Commissioner, 58 T.C. 69, 70 (1972); see
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