Mayer and Ninette Stiskin - Page 9

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               An agreement entered into by an unauthorized act of an agent           
          of the United States is null and void.  "[T]he United States is             
          not bound by the unauthorized acts of its agents, nor is it                 
          estopped to assert lack of authority as a defense."  Dorl v.                
          Commissioner, 507 F.2d 406, 407 (2d Cir. 1974), affg. per curiam            
          T.C. Memo. 1973-145.  The closing agreement in this case was                
          executed by an Associate Chief of Appeals.  Since the case was              
          already docketed in the Tax Court when the closing agreement was            
          signed, the Associate Chief of Appeals here did not have                    
          authority to sign the closing agreement on behalf of the                    
          Commissioner.  Thus, the closing agreement is void.  Dorl v.                
          Commissioner, supra at 407; Webb v. Commissioner, T.C. Memo.                
          1994-549.                                                                   
               Both Petitioners' Response to Respondent's Motion for                  
          Summary Judgment and petitioners' motion for leave to amend are             
          based on the closing agreement.  Both raise the same point:  That           
          because of the closing agreement, the Court lacks jurisdiction              
          pursuant to section 7121 and must dismiss the case.  Since the              
          closing agreement is void, these arguments must fail.4                      

          4 Even if the response and the motion for leave to amend are                
          considered separately, petitioners' motion for leave to amend               
          should be denied in any event.  Rule 41(a) allows a party to                
          amend its petition within 30 days after it is served or by leave            
          of the Court if "justice so requires".  We note that 10 years               
          have passed since the original petition was filed, and 8 years              
          have passed since petitioners signed the closing agreement                  
          admitting their liability for the taxes involved here.  Granting            
          petitioners' motion might have the anomalous result of relieving            
                                                             (continued...)           




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