Thomas E. Johnston and Thomas E. Johnston, Successor in Interest to Shirley L. Johnston, Deceased - Page 14

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          See also Cloes v. Commissioner, supra at 937; Vest v.                       
          Commissioner, T.C. Memo. 1995-188, affd. without published                  
          opinion 89 F.3d 839 (7th Cir. 1996).                                        
               In a situation similar to the one here, the taxpayers in Yoo           
          Han & Co. v. Commissioner, T.C. Memo. 1991-308, attempted to                
          claim a number of deductions, including a net operating loss                
          carryback deduction by the corporate taxpayer, after reaching a             
          settlement agreement with the Commissioner.  The taxpayers in               
          that case also claimed that it would have been premature to claim           
          the net operating loss carryback prior to arriving at the                   
          settlement that increased their taxable income.  In that case, we           
          declined to insert into the settlement agreement terms that the             
          taxpayers for whatever reason failed to include.  Id.                       
          Additionally, respondent made concessions by accepting the offer,           
          and “we will not force further concessions upon respondent.”  Id.           
               We conclude that respondent’s acceptance of petitioners’               
          qualified offer fully resolved the issue of petitioners’                    
          liabilities for the 1989, 1991, and 1992 tax years.  Petitioners            
          are not now allowed to add additional terms to that agreement by            
          applying NOLs from other years to reduce the agreed-upon amounts.           
               One final note.  On December 29, 2003, the Commissioner                
          published final regulations, pursuant to section 7430, that                 
          relate “to the qualified offer rule, including the requirements             

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