Marianne Hopkins - Page 10

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          arising from the closing agreement.  Respondent argues, however,            
          that the closing agreement precludes petitioner from asserting a            
          claim for relief under section 6015.                                        
               Generally, petitioner’s closing agreement would preclude her           
          from asserting any defense to a tax liability covered by the                
          agreement.  See, e.g., sec. 7121(b);6 sec. 301.7121-1(c), Proced.           
          & Admin. Regs.  A closing agreement entered into under section              
          7121 settles or “closes” the liability of an individual for any             
          tax covered by the agreement, and it is final and conclusive as             
          to both the taxpayer and the Commissioner.  See, e.g., S&O                  
          Liquidating Pship. v. Commissioner, 291 F.3d 454, 458 (7th Cir.             
          2002); Hopkins v. United States (In re Hopkins), 146 F.3d at 733;           


               6Under sec. 7121(a), the Commissioner is authorized to enter           
          into a written agreement with any person relating to the tax                
          liability of such person for any taxable period.  Sec. 7121(b)              
          provides:                                                                   
                    SEC. 7121(b).  Finality.--If such agreement is                    
               approved by the Secretary (within such time as may be                  
               stated in such agreement, or later agreed to) such                     
               agreement shall be final and conclusive, and, except                   
               upon a showing of fraud or malfeasance, or                             
               misrepresentation of a material fact--                                 
                         (1) the case shall not be reopened as to the                 
                    matters agreed upon or the agreement modified by                  
                    any officer, employee, or agent of the United                     
                    States, and                                                       
                         (2) in any suit, action, or proceeding, such                 
                    agreement, or any determination, assessment,                      
                    collection, payment, abatement, refund, or credit                 
                    made in accordance therewith, shall not be                        
                    annulled, modified, set aside, or disregarded.                    





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