Royce A. Ellis - Page 14

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               The Commissioner has prescribed two types of closing                   
          agreements:  (1) Form 866, Agreement as to Final Determination of           
          Tax Liability, is used to determine conclusively a taxpayer’s               
          total tax liability for a taxable period; and (2) Form 906,                 
          Closing Agreement, is used if the closing agreement relates to              
          one or more separate items affecting the tax liability of a                 
          taxpayer.  Urbano v. Commissioner, supra; Zaentz v. Commissioner,           
          90 T.C. 753, 760-761 (1988); Rev. Proc. 68-16, 1968-1 C.B. 770.             
               The parties did not execute either a Form 866 or a Form 906.           
          The closing notice issued by respondent’s Ogden Service Center              
          did not constitute a closing agreement pursuant to section 7121.            
          Rather, it merely closed the Ogden Service Center’s inquiry into            
          the discrepancies between the gross receipts reported on                    
          petitioner’s 2001 tax return and the Forms 1099 respondent                  
          received from JPI.  Although petitioner credibly contends that he           
          believed that 2001 was closed from further examination when he              
          received the closing notice, such a unilateral belief on his part           
          does not satisfy the requirements of section 7121.  See Urbano v.           
          Commissioner, supra.  Therefore, the Court finds that                       
          petitioner’s 2001 tax year remained open for examination after he           
          received respondent’s Ogden Service Center’s closing notice.                
               2.   Section 7605(b)                                                   
               Petitioner contends that respondent’s Ogden Service Center’s           
          request for information and subsequent findings constituted an              

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