- 25 - implemented by a closing agreement, respondent refused. Nevertheless, a binding settlement existed because the parties intended such an agreement. C. Settlement Offer That Petitioners Accepted in January 1988 Was Properly Authorized Respondent argues that the settlement with petitioners is not binding because Mr. Kletnick was not authorized to settle nondocketed years. Under section 7121 a taxpayer may enter into an agreement with the Secretary relating to the taxpayer's liability for any internal revenue tax for any period, and such a closing agreement will be final and conclusive in the absence of fraud, malfeasance, or misrepresentation of a material fact. The Secretary has delegated to the Commissioner the authority to enter into such closing agreements.5 Paragraph 2 of Delegation Order No. 97 (Rev. 27), effective October 31, 1987, Handbook of Delegation Orders, Internal Revenue Manual, amended and supplemented by Delegation Order No. 225 (Rev. 1), 52 Fed. Reg. 13008 (Apr. 20, 1987), authorizes Associate Chief Counsels to enter into and approve agreements "with any person * * * for a taxable period or periods ended prior to the date of agreement". That authority is not limited to docketed years. Paragraph 4 of the Delegation Order 5 Sec. 7851(b)(3); Treas. Dept. Order No. 150-32, 1953 CCH par. 3592, 1953 P-H par. 76,756; Treas. Dept. Order No. 150- 36, 1954-2 C.B. 733.Page: 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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