Daniel R. and Margaret J. Kallmyer - Page 6




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          mailed a notice of deficiency under section 6212(a) “and the                
          taxpayer files a petition with the Tax Court within the time                
          prescribed”.  Hemmings v. Commissioner, 104 T.C. 221, 226-228               
          (1995).  In this case, petitioners did not file a petition with             
          this Court challenging the February 24, 1999, notice of                     
          deficiency.  Accordingly, respondent was not barred by section              
          6212(c)(1) from issuing another notice of deficiency as to                  
          petitioners’ 1996 taxable year.                                             
          2.  Whether There Was a Binding Settlement                                  
               Petitioners argue that respondent settled their tax dispute            
          as to all matters relating to the 1996 taxable year when                    
          petitioners signed the letter of March 31, 1999.  That letter               
          provided for a response to respondent’s proposed changes whereby            
          petitioners could either agree or disagree with the proposed                
          changes.  On April 5, 1999, petitioners signed the form and                 
          checked the provision that stated:                                          
               Disagreement With Proposed Changes - I disagree with some or           
               all of the proposed changes on page 2 of this notice.  For             
               each proposed change that I disagree with, I have attached a           
               signed statement and supporting documents explaining why.              
          There does not appear to have been any attached statement.  On              
          April 6, 1999, however, petitioners sent a check for $11,818, and           
          by letter claimed a refund of $1,788 for interest.                          
               We have held that                                                      
               A settlement is a contract and, consequently, general                  
               principles of contract law determine whether a settlement              
               has been reached. * * * A prerequisite to the formation of a           





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