- 6 - This is not a formal closing agreement under Section 7121 * * *. However, we will not reopen this return unless: (1) There is evidence of fraud, malfeasance, collusion or misrepresentation of a material fact; (2) a substantial error, based upon an established service position, existing at the time of the prior closing; or (3) other circumstances exist which indicate that a failure to reopen would result in a serious administrative omission. A clerk at the Ogden Service Center issued the closing letter without referring to the transcript of petitioner’s account which would have revealed that an examination was in progress and a closing letter should not be issued. On May 20, 1996, petitioner sold 2360 Chestnut. Neither petitioner nor its counsel contacted Mr. Samuelson or any other IRS employee to seek an explanation of the closing letter before selling 2360 Chestnut. Unaware of the erroneous closing letter, on June 24, 1996, Mr. Samuelson sent petitioner’s counsel a letter informing him that the IRS was still in the process of hiring an appraiser. On July 2, 1996, petitioner’s counsel responded and stated that the continuing audit was contrary to the closing letter. On August 19, 1996, the IRS notified petitioner of its intent to reopen the examination of decedent’s estate tax return on the grounds that a serious administrative omission had occurred which “would result in criticism, undesirable precedent, or inconsistent treatment.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011