- 13 - before the United States Tax Court Harold M. Provizer and Joan Provizer v. Commissioner, Docket No. 27141-86 (hereafter the CONTROLLING CASE). [Fn. ref. omitted.] According to petitioner, since the TAX SHELTER related to RRA and RRA’s items of income, deductions, and/or credits were not in issue in Provizer, he should not be bound by the agreement. The problem with this interpretation is that it essentially ignores the operative parts of the agreement. If there is a conflict between the premises stated and the operative part of a closing agreement, the parties are bound by the operative part. As we stated in Zaentz v. Commissioner, 90 T.C. 753, 761-762 (1988): section 7121 does not bind the parties as to the premises underlying their agreement, they are bound only as to the matters agreed upon. Sec. 7121(b). In fact, by excluding as grounds for rescission mistakes of fact or law, the statute contemplates that the parties may premise their agreement upon such a mistake. * * * See also Estate of Magarian v. Commissioner, 97 T.C. 1, 5 (1991). Furthermore, by executing the closing agreement petitioner and respondent obviously intended that the parties would be bound to something, i.e., as stated by the operative part of the agreement: “All issues involving the above adjustment [relating to RRA] shall be resolved as if the taxpayer [petitioner] was the same as the petitioner in the CONTROLLING CASE.” The controlling case was Provizer. Petitioner’s reading of the language in the preamble, therefore, makes little sense. On the other hand, if the reference to RRA refers generically to the cases involvingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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