Alfonso J. and Elena L. Diaz del Castillo - Page 8

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          status of constituting a binding agreement between petitioners              
          and respondent.  Nor did these events provide the basis for an              
          estoppel that would have affected the parties’ rights.  Section             
          71212 permits the Commissioner to enter into binding closing                
          agreements regarding the amount of a taxpayer’s income tax                  
          liability.  A closing agreement, as provided in section 7121, is            
          the prescribed method for the Commissioner to bind himself to a             
          particular tax liability, and other approaches are generally not            
          approved by the courts.  See, e.g., Estate of Meyer v.                      
          Commissioner, 58 T.C. 69 (1972); see also sec. 301.6213-1(b)(3),            
          Proced. & Admin. Regs.                                                      
               Respondent’s error in the 30-day letter, followed by                   
          petitioners’ payment, by itself did not result in a meeting of              
          the minds or formal agreement.  This is especially so here, where           
          respondent clearly communicated the correct amount of the income            
          tax deficiency in subsequent, but contemporaneous, correspondence           
          and in the notice of deficiency.  Accordingly, we hold that                 
          respondent is not contractually bound to the lesser amount shown            
          on the first page of the 30-day letter.                                     
               Petitioners’ final argument, in essence, is that the                   
          software manufacturer that produces and sells Turbotax is at                
          fault for any tax deficiency determined in this case.                       

               2 Section references are to the Internal Revenue Code as               
          amended and in effect for the period under consideration.                   






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