- 14 -
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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