- 13 - respondent’s determinations of petitioner’s gross receipts (as reduced by concessions). C. Whether Respondent’s Examination of Petitioner’s 2001 Tax Year Was Invalid. 1. 2001 Closing Agreement Petitioner contends that the August 18, 2004, closing notice issued by respondent’s Ogden Service Center was a closing agreement within the meaning of section 7121. Consequently, because there was no showing of fraud or misrepresentation, petitioner asserts Agent Daniels’s examination of his 2001 return was invalid. The Commissioner is authorized to enter into a closing agreement with any person regarding his or her liability for any taxable period. Sec. 7121(a). Section 7121 sets forth the exclusive means by which a closing agreement between the Commissioner and a taxpayer may be accorded finality. Urbano v. Commissioner, 122 T.C. 384, 393-394 (2004). Closing agreements are final, conclusive, and binding on the parties as to matters agreed upon and may not be annulled, modified, set aside, or disregarded in any suit or proceeding unless there is a showing of fraud, malfeasance, or misrepresentation of a material fact. Sec. 7121(b); Urbano v. Commissioner, supra. All closing agreements must be executed on forms prescribed by the Internal Revenue Service. Urbano v. Commissioner, supra; sec. 301.7121-1(d), Proced. & Admin. Regs.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007