- 17 - indicate Congress’s intent to restrict relief in the case of a closing agreement entered into before the effective date of section 6015. The final regulations provide an opportunity to claim section 6015 relief in the case of a section 6224(c) settlement agreement which was entered into while the spouse was a party to a pending partnership level (TEFRA) proceeding.13 Sec. 1.6015- 1(c)(2), Income Tax Regs.14 In doing so, the final regulations provide an exception to the final and preclusive effect which we have given section 6224(c) settlement agreements.15 The final 13Unified partnership procedures were enacted as part of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, secs. 401-407, 96 Stat. 648-671. Those procedures, as amended, are contained in secs. 6221 through 6234. 14We note that petitioner relies upon sec. 1.6015-1(c), Proposed Income Tax Regs., 66 Fed. Reg. 3894 (Jan. 17, 2001), which provides a similar exception for sec. 6224(c) settlement agreements. She contends that the closing agreement she signed is a sec. 6224(c) settlement agreement relating to partnership items. Since we hold that petitioner is not precluded from claiming relief from the closing agreement without regard to this contention, we need not decide whether petitioner’s closing agreement would be an agreement described in sec. 6224(c). 15Sec. 6224(c) provides: SEC. 6224(c). Settlement Agreement.--In the absence of a showing of fraud, malfeasance, or misrepresentation of fact-- (1) Binds all parties.--A settlement agreement between the Secretary and 1 or more partners in a partnership with respect to the determination of partnership items for any partnership taxable year shall (except as (continued...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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