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Where an agreement made pursuant to section 6501(c)(4) does
not conform with the actual agreement between the parties, we may
reform the writing to conform with intent of the parties if
established by clear and convincing evidence. See Woods v.
Commissioner, 92 T.C. 776, 789 (1989). In Woods v. Commissioner,
the taxpayers executed a Form 872, Consent to Extend the Time to
Assess Tax, for the taxable year ended 1978. The Form 872
extension was limited to adjustments relating to the taxpayers' S
corporation, "Solar Equipment, Inc.", identified by the proper
EIN.
Subsequently, the Commissioner sent a letter to the
taxpayers asking them to execute a Form 872-A, Special Consent to
Extend the Time to Assess Tax. The letter erroneously referred
to "Solar Environments, Inc." The Form 872-A accompanying the
letter also erroneously referred to "Solar Environments, Inc."
and the wrong taxable year. The Commissioner discovered the
error as to the year and sent another Form 872-A. However, this
form also contained an erroneous reference to "Solar
Environments, Inc." We found that at the time each extension was
executed, both the taxpayers and the Commissioner intended that
the extensions would allow the Commissioner additional time to
complete his examination of the taxpayers' 1978 tax return.
Accordingly, in Woods v. Commissioner, supra at 789, we held
that reformation of the Form 872-A to conform to the parties'
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