- 9 - Settlement authority on behalf of the Commissioner is delegated to officers identified in Commissioner delegation orders. Sec. 601.106(a)(1)(i) and (ii), Statement of Procedural Rules. Delegation Order No. 66 (rev.15), effective January 23, 1992, identifies the officers who are vested with the authority to settle cases before Appeals; i.e., Regional Counsel; Regional Director of Appeals; Chiefs, Assistant Chiefs and Associate Chiefs of Appeals Offices; Appeals Team Chiefs and Team Managers as to their respective cases; Directors of an Appeals Operating Unit, Appeals Area Directors, Deputy Appeals Area Directors, and Appeals Team Case Leaders. This Court has repeatedly declined to enforce a settlement agreement when the person entering into the agreement on behalf of the Commissioner lacked the authority to bind the Commissioner. See, e.g., Dorl v. Commissioner, 507 F.2d 406, 407 (2d Cir. 1974), affg. 57 T.C. 720 (1972) and T.C. Memo. 1973-145; Gardner v. Commissioner, 75 T.C. 475, 477-478 (1980); Webb v. Commissioner, T.C. Memo. 1994-549, affd. without published opinion 68 F.3d 482 (9th Cir. 1995); Baratelli v. Commissioner, T.C. Memo. 1994-484; David v. Commissioner, T.C. Memo. 1993-621, affd. 43 F.3d 788 (2d Cir. 1995); Ginella v. Commissioner, T.C. Memo. 1991-625. Respondent has offered declarations pursuant to 28 U.S.C. sec. 1746 (2000), from Mr. Kaufman and Ms. Beach stating that Mr.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011