Mayer and Ninette Stiskin - Page 7

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               First, the jurisdictional point may be dealt with summarily.           
          Once the Court, as here, has jurisdiction, it may not thereafter            
          be divested of jurisdiction.  See, e.g.,  Main-Hammond Land Trust           
          v. Commissioner, 17 T.C. 942, 956 (1951), affd. 200 F.2d 308 (6th           
          Cir. 1952); Browning v. Commissioner, T.C. Memo. 1974-80.                   
               Second, petitioners' position is based upon the untenable              
          assumption that there was a valid closing agreement to begin                
          with.  In our judgment, no valid closing agreement was even                 
          entered into.  The closing agreement here involved was signed by            
          the Associate Chief, NYC Appeals, who had no authority to do so             
          on behalf of the Commissioner.                                              
               Delegation Order No. 97 provides that "Chiefs and Associate            
          Chiefs of Appeals Offices * * * are hereby authorized in cases              
          under their jurisdiction (but excluding cases docketed before the           
          United States Tax Court) to enter into and approve a written                
          agreement with any person relating to the Internal Revenue tax              
          liability of such person * * * for a taxable period or periods              
          ended prior to the date of agreement and related specific items             
          affecting other taxable periods."  (Emphasis added.)  Delegation            
          Order No. 97 (Rev. 19), 47 Fed. Reg. 19842 (May 7, 1982), was               


          2(...continued)                                                             
          decision against them, petitioners obviously seek to prevent the            
          Commissioner from assessing a deficiency against them based upon            
          the closing agreement, because a closing agreement standing alone           
          arguably may not give the Commissioner the right to make an                 
          assessment absent a waiver by petitioners.  Cf. sec. 6213(a).               





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