- 24 - 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 beenPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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