Michael A. Zapara and Gina A. Zapara - Page 10

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         liability or otherwise had no opportunity to dispute the tax                 
         liability.  Sec. 6330(c)(2)(B).                                              
              A.  Form 4549-CG                                                        
              Petitioners signed a Form 4549-CG, Income Tax Examination               
         Changes, waiving restrictions on assessment with respect to their            
         underlying tax liabilities for 1993, 1994, and 1995.  We have                
         recently held that for purposes of section 6330(c)(2)(B), a                  
         taxpayer who has signed a Form 4549-CG waiving his right to                  
         challenge the proposed assessments should be deemed to have had              
         an opportunity to dispute his tax liabilities and is thereby                 
         precluded from challenging those tax liabilities.  Horn v.                   
         Commissioner, T.C. Memo. 2002-207; see Aguirre v. Commissioner,              
         117 T.C. 324, 327 (2001).  Petitioners argue, however, that they             
         signed their Form 4549-CG under duress.  If a taxpayer signs a               
         Form 4549-CG under duress or coercion, the Form 4549-CG waiver is            
         invalid.  Shireman v. Commissioner, T.C. Memo. 2004-155.  This               
         Court has defined duress as actions by one party which deprive               
         another of his or her freedom of will to do or not to do a                   
         specific act.  Diescher v. Commissioner, 18 B.T.A. 353, 358                  
         (1929); Price v. Commissioner, T.C. Memo. 1981-693, affd. without            
         published opinion 742 F.2d 1460 (7th Cir. 1984).                             
                   1.  Duress or Coercion by Respondent                               
              Petitioners allege that they signed the Form 4549-CG only as            
         a result of respondent’s continuous pattern of duress, coercion,             
         and intimidation against them.  Petitioners’ allegation is                   




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