- 36 - In view of the foregoing, we sustain respondent's determination that petitioner is liable for the addition to tax for valuation overstatement under section 6659 for each of the years in issue. Other Matters Petitioner's final contention to be considered is that respondent is precluded from making an assessment for the taxable year 1982 because respondent initially issued a no-change letter for that year. Petitioner cites no cases in support of his position. We observe that petitioner's position is clearly contrary to well- established law that issuance of a no-change letter generally does not preclude respondent from subsequently issuing a notice of deficiency. See Opine Timber Co. v. Commissioner, 64 T.C. 700 (1975), affd. without published opinion 552 F.2d 368 (5th Cir. 1977); Lawton v. Commissioner, 16 T.C. 725, 727 (1951); see also Collins v. Commissioner, 61 T.C. 693, 700-701 (1974); Fitzpatrick v. Commissioner, T.C. Memo. 1995-548. For respondent's no-change letter to be binding, petitioner must show the elements of estoppel. See Fitzpatrick v. Commissioner, supra. However, petitioner does not allege or argue estoppel, nor does the record provide any basis for such a claim. Further, the no-change letter does not in any manner constitute a closing agreement. See sec. 7121; sec. 301.7121- 1(d), Proced. & Admin. Regs.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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