- 16 - full with payment of the $4,244.75. However, even if the parties had in fact agreed to such a resolution, a point which we will address infra, the agreement would not be legally binding. Petitioner does not contend, nor is there evidence, that the parties complied with the procedures specified under section 7121 or 7122 for either a closing agreement or an offer-in-compromise. Rather, petitioner admitted at trial that she did not sign an offer-in-compromise or closing agreement form, and petitioner’s counsel conceded that petitioner was not relying on any argument that an agreement under section 7122 had been reached. Furthermore, because the relevant negotiations took place in a prepetition setting, any other general theories, such as accord and satisfaction, would be insufficient to create a legally binding settlement. Nonetheless, the conclusion that the facts here could not support the existence of a legally binding compromise for $4,244.75 does not end the inquiry. Petitioner submits on brief that respondent “must be equitably estoppel [sic] from pursuing any further assessments against Ms. Dormer after the June 2002 agreement was reached and Ms. Dormer’s settlement check received.” Equitable estoppel is a judicial doctrine that operates to preclude a party from denying its own acts or representations that induced another to act to his or her detriment. Wilkins v.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011