- 12 - the part of the Commissioner, Edens v. Commissioner, T.C. Memo. 1974-309, affd. 549 F.2d 798 (4th Cir. 1976). The Government has the power to correct mistakes of law because "'Whoever deals with the government does so with notice that no agent can, by neglect or acquiescence, commit it to an erroneous interpretation of the law.'" Graff v. Commissioner, 74 T.C. at 762 (quoting Schafer v. Helvering, 83 F.2d 317, 320 (D.C. Cir. 1936)). Interpreting section 104(a)(4) so as to exclude petitioner's pension payments from income was a mistake of law. Petitioner contends that the Commissioner should be bound by the 1990 closing letter. However, a "closing letter" is to be sharply distinguished from a "closing agreement" under section 7121, entered into by both the taxpayer and the Commissioner which is binding in accordance with its terms. The "closing letter" is nothing more than the Commissioner's acceptance of a return as filed. And the prior practice of the IRS or the Commissioner's acceptance of a prior year's return does not bar the Commissioner as to later years. Caldwell v. Commissioner, 202 F.2d 112, 115 (2d Cir. 1953), affg. in part a Memorandum Opinion of this Court; Rose v. Commissioner, 55 T.C. 28, 31-32 (1970); Tollefsen v. Commissioner, 52 T.C. 671, 681 (1969), affd. 431 F.2d 511 (2d Cir. 1970); Meneguzzo v. Commissioner, 43 T.C. 824, 836 (1965); cf. Dixon v. United States, 381 U.S. 68, 72-75 (1965); Niles Bement Pond Co. v. United States, 281 U.S. 357,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011