Bernhard F. and Cynthia G. Manko - Page 28

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          that "the basis for settlement was ultimately approved by the               
          National Office", and Mr. Berman testified that "I believe                  
          authority was received [from the National Office] sometime in               
          December of 1987."  Mr. Kletnick also testified that he was                 
          instructed by Mr. Keightley to make the settlement offer.                   
               In sum, the blanket settlement offer was properly authorized           
          by officials of the IRS who we note also had authority to enter             
          into closing agreements.  It was made on instructions of Associate          
          Chief Counsel Keightley.  Petitioners' acceptance was confirmed to          
          this Court by Regional Counsel Vorsanger.                                   
               D.  Settlement Agreement Terms Included Respondent's Agreement         
               To Forgo Fraud Additions to Tax                                        
               Respondent argues that he may assert the fraud additions to            
          tax against petitioner because the imposition of these additions is         
          simply an "outgrowth" of petitioner's criminal conviction. We               
          disagree.  Respondent agreed as part of the settlement to forgo the         
          assertion of penalties and additions to tax.  The settlement terms          
          clearly included an agreement that respondent would not assert              
          additions to tax under "IRC section 6653"; that is the only section         
          under which the fraud additions could be imposed for the years in           
          issue.  We give full effect to this specific settlement term.               
               We further believe that at the time of the settlement,                 
          respondent did not intend to treat petitioner's case differently            








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