- 10 - 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 isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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