-20- F.2d at 323; Indep. Elec. Supply, Inc. v. Commissioner, 781 F.2d at 726. III. Petitioners’ Liability for Taxes on Interest Income and Capital Gain We next consider whether petitioners are liable for taxes on interest income and capital gains they reported on their pro forma returns, but that respondent erroneously omitted on respondent’s initial Form 4549A. Petitioners argue that they had a “deal” with respondent when they signed the Form 4549A and executed a closing agreement. Petitioners further argue that respondent should be prevented from asserting that petitioners owe any amounts beyond those shown on the Form 4549A they signed. Respondent, on the other hand, asserts that a Form 4549A is not final and conclusive as to all issues. Moreover, respondent argues that the closing agreement did not determine petitioners’ total tax liability for the years at issue. We agree with respondent. It is well settled that Forms 4549A do not bind the Commissioner. Urbano v. Commissioner, 122 T.C. 384 (2004); Hudock v. Commissioner, 65 T.C. 351, 362 (1975). Only closing agreements entered into pursuant to section 7121 are binding on the Commissioner as to a determination of the taxpayer’s final tax liability. See Urbano v. Commissioner, supra at 393. Petitioners executed a closing agreement on Form 906 with respect to the abusive trust scheme. We found as a fact at trial that the closing agreement was binding as to the matters addressed in the agreement. This closing agreement, however,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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