- 11 - terms thereof. Since respondent and the Nirschls have not executed either form, respondent contends that they have not entered into a settlement agreement. While respondent's position may have the advantages that respondent attributes to it, we believe that it is unnecessary to decide that issue in the circumstances presented here. Where settlement is conditioned upon the execution of respondent's forms, the execution of such forms controls resolution of whether a settlement agreement was in fact made. See, e.g., Estate of Ray v. Commissioner, T.C. Memo. 1995-561, affd. 112 F.3d 194 (5th Cir. 1997); see also Brookstone Corp. v. United States, 74 AFTR 2d 94-6025, 94-2 USTC par. 50,474 (S.D. Tex. 1994), affd. per curiam without published opinion 58 F.3d 637 (5th Cir 1995). We turn to the question whether the settlement was so conditioned. The Nirschls were never involved directly in the settlement negotiations. Those negotiations were done by Messrs. Long, Faber, and Noumair. Mr. Long testified that he intended that in order to consummate any settlement with the partners, a Form 870- P and/or a closing agreement would be executed by the taxpayer or the taxpayer's representative. This was consistent with Mr. Faber's understanding when he was involved with the case that further documents would have to be executed. The only other person with direct knowledge of what happened during this time was Mr. Noumair, and he did not testify. We have no reason toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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