Becker Holding Corporation and Subsidiaries - Page 9

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               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.           






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