- 10 - Kaufman did not hold any of the positions specified in Delegation Order No. 66 when he was handling the instant case and, therefore, did not have the authority to settle the case. The declarations further state that Ms. Beach, Mr. Kaufman’s Team Manager, did have the authority to settle but did not exercise her authority by entering into an agreement, or approving any agreement, settling the Federal income tax liabilities of petitioner for the years at issue. Petitioner has failed to counter those declarations with anything but unsupported allegations. Rauenhorst v. Commissioner, 119 T.C. 157, 176 (2002). It has long been held that “persons dealing with an agent of the government must take notice of the limitations of his authority.” Bornstein v. United States, 345 F.2d 558, 562 (Ct. Cl. 1965); see Graff v. Commissioner, 74 T.C. 743, 762 (1980), affd. per curiam 673 F.2d 784 (5th Cir. 1982); Midwest Motor Express, Inc. v. Commissioner, 27 T.C. 167, 182 (1956), affd. 251 F.2d 405 (8th Cir. 1958). Petitioner had the responsibility to determine the extent of Mr. Kaufman’s authority. See Boulez v. Commissioner, 76 T.C. 209, 214 (1981), affd. 810 F.2d 209 (D.C. Cir. 1987). Further, the Commissioner is not bound by an apparent settlement where an agent is without authority to compromise a taxpayer’s tax liability. Botany Worsted Mills v. United States,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