Bernhard F. and Cynthia G. Manko - Page 24

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          deficiencies (netting), were agreed upon no later than January              
          1988. Accordingly, the parties are bound by the settlement                  
          agreement.                                                                  
               B.  Absence of Closing Agreement Inconsequential                       
               Respondent contends that a closing agreement is necessary for          
          settling nondocketed years.  Accordingly, respondent continues, the         
          absence of a properly executed closing agreement herein indicates           
          that a settlement of petitioners' 1979-83 tax years (which were not         
          docketed at the time the settlement was made) did not occur.                
               We disagree.  Sections 7121 and 7122 do not require a closing          
          agreement form to settle a case pending before this Court.  See,            
          e.g., Lamborn v. Commissioner, T.C. Memo. 1994-515; Haiduk v.               
          Commissioner, T.C. Memo. 1990-506.  Petitioners' 1978 tax year was          
          docketed at the time of settlement.  Although petitioners' 1979-83          
          tax years were not docketed at the time of settlement, the                  
          deficiencies for those years related to the same investment to              
          which the deficiency for 1978 related.  Moreover, section 301.7121-         
          1(d)(1), Proced. & Admin. Regs., provides that a request for a              
          closing agreement may be made at any time "before a case with               
          respect to the tax liability involved is docketed in the Tax Court          
          of the United States."  However, a closing agreement is not a               
          prerequisite for a valid settlement. Although we believe the                
          settlement for the years involved in this case should have been             







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