- 11 - B. Settlement of Tax Controversies There exist two principal contexts in which this Court is called upon to consider the consequences of a settlement or purported settlement between parties to a tax controversy. Questions have arisen concerning the effect of a settlement allegedly reached either (1) during the administrative process prior to the docketing of a Tax Court case or (2) after the filing of a Tax Court petition, and the standards we have employed in the two scenarios are not identical. 1. Prepetition Settlements This Court has summarized the rules generally applicable to prepetition settlements as follows: The law regarding administrative settlement offers is well established. Regulations issued by the Internal Revenue Service conclusively establish the procedures for closing agreements and compromises pursuant to sections 7121 and 7122. Secs. 301.7121-1, 301.7122-1, Proced. & Admin. Regs. These procedures are exclusive and must be satisfied in order to effectuate a compromise or settlement which will be binding on both the taxpayer and the Government. * * * [Rohn v. Commissioner, T.C. Memo. 1994-244.] See also Urbano v. Commissioner, 122 T.C. ___, ___ (2004) (slip op. at 15-16) (“it is firmly established that section 7121 sets forth the exclusive means by which an agreement between the Commissioner and a taxpayer concerning the latter’s tax liability may be accorded finality”); Estate of Meyer v. Commissioner, 58 T.C. 69, 70 (1972) (“Section 7121 of the Internal Revenue Code of 1954 sets forth the exclusive procedure under which a finalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011