- 12 - closing agreement as to the tax liability of any person can be executed.”); Harbaugh v. Commissioner, T.C. Memo. 2003-316 (“It is well settled that section 7122 and the regulations thereunder provide the exclusive method of effectuating a valid compromise of assessed tax liabilities.”); Ringgold v. Commissioner, T.C. Memo. 2003-199 (“The law regarding compromises is well established. The regulations and procedures under section 7122 provide the exclusive method of effectuating a compromise.”). For instance, pertinent regulations require that any closing agreement or offer-in-compromise be submitted and/or executed on or in the specific form prescribed by the IRS. Secs. 301.7121- 1(d), 301.7122-1(d), Proced. & Admin. Regs.3 The above principle of exclusivity derives from the early ruling by the U.S. Supreme Court in Botany Worsted Mills v. United States, 278 U.S. 282 (1929). In construing a predecessor of section 7122, the Supreme Court opined that “Congress intended 3 Sec. 301.7122-1, Proced. & Admin. Regs., contains an effective date provision stating that the section applies to offers-in-compromise pending on or submitted on or after July 18, 2002. Sec. 301.7122-1(k), Proced. & Admin. Regs. Previous temporary regulations by their terms apply to offers-in- compromise submitted on or after July 21, 1999, through July 19, 2002. Sec. 301.7122-1T(j), Temporary Proced. & Admin. Regs., 64 Fed. Reg. 39027 (July 21, 1999). The final and temporary regulations do not differ materially in substance in any way relevant here, and temporary regulations are entitled to the same weight and binding effect as final regulations. Peterson Marital Trust v. Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996). For simplicity and convenience, citation is to the final regulations.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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