- 18 - her liability of $100 for each of the taxable years at issue. Respondent did not respond to petitioner’s offer. Later, after receiving the recommendation of respondent’s CCISO office that she was entitled to innocent spouse relief, petitioner again submitted a settlement offer to respondent. This time, petitioner offered to settle the case for full relief from the asserted liabilities under section 6015(c). In the same letter, petitioner informed respondent that in the absence of an agreement resolving the matter, she intended to move for summary judgment. Respondent did not accept petitioner’s offer. Instead, respondent offered to settle the matter if the agreement included a statement by petitioner that she had no interest in the assets of the trusts. True to her word, in the absence of respondent’s accepting her offer, petitioner filed a motion for partial summary judgment. On the day after respondent was to file a response to petitioner’s motion, respondent instead filed a motion for additional time in which he expressed his intent to concede. In the light of petitioner’s multiple offers to settle and eventual dispositive motion, we find respondent’s concession occurred too late to be treated as a settlement. This is not to say that in all cases a concession could not be a settlement. We can imagine scenarios where a concession would be difficult to differentiate from an agreement to settle.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007