- 6 - of $10,000 remains subject to the 10-percent additional tax required by section 72(t). See id. Petitioner suggested during her testimony that she should be relieved from additional tax liability because the IRS sent her a letter, after she had received the notice of deficiency, saying that she owed no tax for 1999. The letter was not an agreement to rescind the notice of deficiency. Sec. 6212(d); Rev. Proc. 98-54, 1998-2 C.B. 529. Congress has provided that closing agreements under section 7121 and compromise agreements under section 7122 are the exclusive means by which the IRS can administratively settle civil tax disputes with finality. See Botany Worsted Mills v. United States, 278 U.S. 282, 288 (1929); Estate of Meyer v. Commissioner, 58 T.C. 69, 70 (1972); see also Sampson v. Commissioner, 444 F.2d 530, 531 (6th Cir. 1971), affg. per curiam T.C. Memo. 1970-212. The record is devoid of any evidence that petitioner and respondent entered into either a valid closing or compromise agreement. The evidence in the record indicates that there was a premature assessment of the proposed $3,036 deficiency that was abated. The abatement prompted the issuance of the letter stating that no tax was due. The proposed deficiency may not properly be assessed until our decision in this case has become final. See secs. 6211(a), 6212(a), and 6213(a).Page: Previous 1 2 3 4 5 6 7 8 Next
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