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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