Theodore Edward Hagadone - Page 4

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          the letter erroneously determined the amount of the tax to be               
          $9,202, by applying the tax rate schedule for "head of                      
          household", as opposed to petitioner's tax liability as                     
          determined in the statutory notice which used the "single" tax              
          rate schedule.                                                              
               Petitioner stipulated that he received the unreported                  
          amounts of income determined by respondent.  Respondent concedes            
          that petitioner is entitled to the additional Schedule A gambling           
          loss deduction in the amount of $126 allowed in the April 9,                
          1997, letter.  Respondent maintains, however, that petitioner's             
          proper filing status is single and that as a result of the                  
          increased gambling loss deduction the amount of the "revised                
          deficiency" is $3,906, based on a Federal income tax liability              
          for 1994 in the amount of $10,210.3                                         
               The first issue for decision is whether respondent is bound            
          by the report issued on April 9, 1997.  Petitioner argues that              
          the Court should hold that he is liable only for the tax                    
          liability determined in the report.  He contends that the report            
          constitutes a contract between himself and respondent.  We                  
          disagree.  It is well established that as a general rule the                
          Commissioner is finally and conclusively bound by an agreement              
          with a taxpayer only if the parties enter into a closing                    


          3         This amount does not take into account respondent's               
          forthcoming adjustment to the taxable amount of the annuity                 
          payments received by petitioner during 1994.  See supra note 2.             




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