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Petitioners contend that temporary regulations promulgated
under section 7430 support their position that new issues may be
raised after an agreement is reached if the agreement is reached
by way of the qualified offer provision. We reject this
contention.
Section 301.7430-7T(c)(3), Temporary Proced. & Admin. Regs.,
66 Fed. Reg. 728 (Jan. 4, 2001), provides, in part:
A qualified offer specifies the offered amount if it
specifies the dollar amount for the liability of the
taxpayer * * *. This amount must be with respect to
all of the adjustments at issue in the administrative
or court proceeding at the time the offer is made and
only those adjustments. The specified amount must be
that amount, the acceptance of which by the United
States will fully resolve the taxpayer’s liability, and
only that liability, (determined without regard to
adjustments stipulated by the parties to be fully
resolved through another pending court or
administrative proceeding, or interest, unless interest
is a contested issue in the proceeding) for the type or
types of tax and the taxable year or years at issue in
the proceeding.
Thus, the regulation contains three requirements: (1) The
offered amount must specify the dollar amount for the liability,
(2) the offered amount must be with respect to all adjustments at
issue and only those adjustments, and (3) the offered amount must
be an amount that will fully resolve the taxpayer’s liability for
the type(s) of tax and tax year(s) at issue.
Petitioners focus on the second requirement of this
regulation, arguing that the language “and only those
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