Larry G. and Mary L. Bangs - Page 20

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          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,               




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