William F. Urbano and Flota L. Urbano - Page 16

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          enter into a written agreement with any person with respect to              
          any tax for any taxable period and provides that such an                    
          agreement shall be final and conclusive if approved by the                  
          Secretary.  See sec. 7121(a) and (b); see also sec.                         
          7701(a)(11)(B).  Section 301.7121-1(d), Proced. & Admin. Regs.,             
          provides that all such agreements shall be executed on forms                
          prescribed by the Internal Revenue Service.  The Commissioner has           
          prescribed for this purpose two forms; namely, Form 866,                    
          Agreement as to Final Determination of Tax Liability, and Form              
          906, Closing Agreement.  Form 866 is used to determine                      
          conclusively a taxpayer’s total tax liability for a taxable                 
          period.  Form 906 is used if an agreement relates to one or more            
          separate items affecting the tax liability of a taxpayer.  Sec.             
          601.202(b), Statement of Procedural Rules.                                  
               Petitioners did not execute either a Form 866 or a Form 906.           
          They executed Form 4549-CG.  Form 4549-CG is not an agreement               
          entered into under section 7121.  See Hudock v. Commissioner,               
          supra at 362-363.  Nor does the Form 4549-CG at hand contain any            
          language purporting to be respondent’s agreement concerning any             
          or all of petitioners’ 1993 liability for tax, penalty, or                  
          interest.  In fact, the Form 4549-CG petitioners signed does not            
          constitute an agreement by respondent to anything at all; it                
          merely reflects petitioners’ consent to respondent’s immediate              
          assessment and collection of the taxes, penalties, and interest             

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Last modified: May 25, 2011