Bernhard F. and Cynthia G. Manko - Page 25

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          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.                                                        






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