- 10 - ending with or within that taxable year. Sec. 1.706-1, Income Tax Regs. We note that the guaranteed payment reported on petitioners' 1980 Federal income tax return was accepted by respondent and was never in dispute until after the execution of the Closing Agreement. In the 2 years in which the parties negotiated the Computations, petitioners never raised any objections to either the original or the revised Computations with respect to the failure to exclude the $20,000 guaranteed payment. Clearly, petitioners had ample time to review the Computations and to request the necessary changes. In any event, if the parties had intended to settle with respect to the exclusion of the $20,000 guaranteed payment, they would have included specific language to that effect. They did not do so. Absent specific language excluding the $20,000 guaranteed payment, the Closing Agreement must not be read to imply its exclusion. Accordingly, we hold that the Closing Agreement does not require the $20,000 guaranteed payment to be excluded from income. To the extent we have not addressed petitioners' other arguments, the Court finds them to be without merit. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011