- 14 - T.C. Memo. 1991-539, affd. 989 F.2d 105 (2d Cir. 1993); Smith v. Commissioner, supra; Scheuerman v. Commissioner, T.C. Memo. 1984- 160. To effectively condition a special consent, the cover letter must in some way contrast or alter the language of the Form 872-A. Bellis v. Commissioner, T.C. Memo. 1994-28; Aronson v. Commissioner, supra; Scheuerman v. Commissioner, supra. In support of its position, petitioner cites Addison H. Gibson Found. v. United States, supra, in which a Federal District Court held that a Form 872, extending the period of limitations on excise taxes, was conditioned on a settlement by the attachment of a cover letter to the Form 872.3 Gibson Found. does not support petitioner’s position. In Gibson Found., a suit for refund of both Federal income taxes and Federal excise taxes was filed in Federal District Court. Id., 71A AFTR 2d at 93-3590, 91-1 USTC at 87,722. The periods of limitation on both taxes were due to expire on May 15, 1983. Id., 71A AFTR 2d at 93-3588, 91-1 USTC at 87,720. The Appeals officer sent two separate Forms 872, one for income tax and one 3 We are not bound by a District Court’s analysis but, because of the reliance placed on Addison H. Gibson Found. v. United States, 71A AFTR 2d 93-3587, 91-1 USTC par. 50,178 (W.D. Pa. 1991), affd. without published opinion 958 F.2d 362 (3d Cir. 1992), in petitioner’s argument, we address it in our opinion. See Norwest Corp. & Subs. v. Commissioner, 110 T.C. 454, 503 (1998); A.E. Staley Manufacturing Co. & Subs. v. Commissioner, 105 T.C. 166, 208 (1995), revd. on other grounds and remanded 119 F.3d 482 (7th Cir. 1997); Estate of Schwartz v. Commissioner, 83 T.C. 943, 952 (1984).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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