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Sower's signature appears under this preprinted statement on each
form. By signing the Forms 656, Mr. Sower accepted petitioners'
waiver of the statutory period of limitations. By signing the
Forms 656 in this manner, Mr. Sower did not accept petitioners'
offers.
Form 656 makes it clear that Mr. Sower's signature was not
an acceptance of petitioners' offer in compromise. Clause (8) of
Form 656 states:
The taxpayer-proponents agree to the waiver and
suspension of any statutory periods of limitations for
assessment and collection of the tax liability
described in paragraph (1) while the offer is pending,
during the time any amount offered remains unpaid and
for one (1) year after the satisfaction of the terms of
the offer. The offer shall be deemed pending from the
date an authorized official of the Internal Revenue
Service accepts taxpayer-proponents' waiver of the
statutory periods of limitation and shall remain
pending until an authorized official of the Internal
Revenue Service formally, in writing, accepts, rejects
or withdraws the offer. * * *
Clause (10) of Form 656 states that "It is understood that this
offer will be considered and acted upon in due course and that it
does not relieve the taxpayers from the liability sought to be
compromised unless and until the offer is accepted in writing by
the Commissioner or a delegated official, and there has been full
compliance with the terms of the offer." (Emphasis added.)
Petitioners signed the Forms 656 agreeing to these terms.10
10We note that if petitioners believed that Mr. Sower's
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Last modified: May 25, 2011