Bernhard F. and Cynthia G. Manko - Page 15

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          however, to settle all issues related to petitioners’ tax                   
          liabilities for the years at issue.                                         
               We conclude that the closing agreement here, which covers              
          specific matters only, does not absolve respondent from issuing a           
          deficiency notice before assessing petitioners’ liabilities.                
          Accordingly, we hold that respondent may not proceed with                   
          collection.  See sec. 6213(a).                                              
               C.   Our Holding Does Not Violate Section 7121(b)(2)                   
               Respondent argues that section 7121(b) requires us to give             
          full effect to the closing agreement in this proceeding.  Section           
          7121(b) provides that a closing agreement (or any assessment in             
          accordance with a closing agreement) shall not be annulled,                 
          modified, set aside, or disregarded in any subsequent suit,                 
          action or proceeding.                                                       
               We hold that collection may not proceed because respondent             
          failed to follow the law regarding assessments, not because we              
          are disregarding the parties’ closing agreement.  See secs. 6212            
          and 6213.  We are not constrained to hold that respondent may               
          proceed with collection simply because the collection proceeding            
          is for a year in which there was a closing agreement between the            
          parties.                                                                    
          III. Conclusion                                                             
               Respondent assessed petitioners’ tax liabilities without               
          first issuing petitioners the statutorily required deficiency               






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