Christine A. Dormer - Page 11

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               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 final                 





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