- 8 - petitioner may have executed the form of decision with the understanding that he would be permitted to file an offer in compromise, such an agreement is not reflected in the record presented. Moreover, even assuming that the parties agreed to such a procedure, the filing of an offer in compromise based on doubt as to collectibility, subsequent to entry of decision by the Court, does not provide a basis for setting aside what is otherwise a final decision.3 Petitioner's contention that Revenue Agent Rice determined petitioner's status as an employee during the audit stage of the case is likewise misplaced. The revenue agent's report that petitioner relies on is not a determination that is binding on either respondent or the Court. See Casey v. Commissioner, 38 T.C. 357, 381 (1962); Wilson v. Commissioner, 16 B.T.A. 1280, 1285 (1929); Gilmartin v. Commissioner, T.C. Memo. 1973-247. To the contrary, respondent's final determination regarding petitioner's tax liability for 1991 and 1992 is set forth in the notice of deficiency dated September 13, 1995. That notice clearly indicates that respondent determined that petitioner is liable for self-employment tax. In sum, the decision entered in this case is now final, and petitioner has failed to persuade us that such decision 3 At the hearing on petitioner's motion, counsel for respondent stated that petitioner was still free to file an offer in compromise based on doubt as to collectibility.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011