- 28 - 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 differentlyPage: 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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