- 6 - Petitioner maintains that (1) in light of the preambles of the stipulations of settled issues of Betsy’s dockets, the literal language of the claimed concessions applies to him, and (2) respondent should be held to the claimed concessions. Respondent contends that the concessions that the Commissioner made in the stipulations of settled issues in Betsy’s dockets do not have any bearing on the disposition of the issues in petitioner’s dockets. We agree with respondent.5 The compromise and settlement of tax cases is governed by general principles of contract law. Dorchester Indus. Inc. v. Commissioner, 108 T.C. 320, 330 (1997). In Robbins Tire & Rubber Co. v. Commissioner, 52 T.C. 420, 435-436 (1969), we stated that: a compromise is a contract and thus is a proper subject of judicial interpretation as to its meaning, in the light of the language used and the circumstances surrounding its execution. [Citations omitted] 5 Where petitioner and Betsy are liable for the same item, a payment by one in effect extinguishes the obligation of the other to make the same payment. Thus, Betsy’s agreements with the Commissioner may ultimately affect how much petitioner may be called on to pay. However, this consequence of payment of liability by one of the jointly liable taxpayers does not affect the deficiency redeterminations that we enter in the case of the other jointly liable taxpayer. Kroh v. Commissioner, 98 T.C. 383, 391-394 (1992). In the instant cases, we deal only with the decisions to be entered in petitioner’s dockets, and not with the amounts that petitioner may be called on to pay.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011