-9- is applicable to all matters concerning petitioner’s investment and participation in the FoodSource program. Section 7121(a) authorizes the Secretary of the Treasury or his delegate to enter into written closing agreements with respect to the tax liability of any person for any taxable period. Such closing agreements are binding on the parties as to the matters agreed upon and may not be annulled, modified, set aside, or disregarded in any suit or proceeding unless there is a showing of fraud, malfeasance, or misrepresentation of a material fact.8 Sec. 7121(b); Rink v. Commissioner, 100 T.C. 319, 324 (1993), affd. 47 F.3d 168 (6th Cir. 1995); Zaentz v. Commissioner, 90 T.C. 753, 760 (1988). A Form 906 is a final and conclusive agreement that is binding only as to matters agreed upon for the taxable period stated in the agreement. Estate of Magarian v. Commissioner, 97 T.C. 1 (1991); Zaentz v. Commissioner, supra at 761-762; sec. 301.7121-1(d)(1), Proced. & Admin. Regs. Closing agreements are interpreted using ordinary contract law principles, which generally require that we look within the “four corners” of the agreement. Rink v. Commissioner, supra at 325. The 1989 closing agreement is not a model of clarity. The first introductory clause therein supports respondent’s position that the closing agreement relates to a transaction (namely, 8 Neither party contends that fraud, malfeasance, or misrepresentation of a material fact exist in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011