Richard Nichols and Lisa Nichols - Page 8

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          deal they made but only apply additional deductions to the agreed           
          upon deficiency.  To support their argument, they rely on Urbano            
          v. Commissioner, 122 T.C. 384, 392 (2004), where we held that the           
          parties’ agreement that a particular amount could be assessed did           
          not bar us from reviewing that amount when the reason for review            
          was not part of the original agreement and was unknown by either            
          party at the time the agreement was signed.  The Nicholses claim            
          that their situation is just like the one in Urbano because their           
          NOLs weren’t included in the Form 870 and neither party knew of             
          their availability when they signed the form.                               
               The problem with this argument is that Urbano featured a               
          different IRS form, Form 4549-CG.  Id. at 387.  The consent-to-             
          assessment language on a Form 4549-CG states:  “I do not wish to            
          * * * contest in the United States Tax Court the findings in this           
          report.  Therefore, I give my consent to the immediate assessment           
          and collection of any increase in tax and penalties * * * .”                
          This waiver, which extends only to “the findings in this report,”           
          is plainly more limited than the waiver on a Form 870.  And in              
          Urbano, we heard the taxpayers’ challenge to the amount of                  
          interest that they owed because the “findings” reported on the              
          Form 4549-CG did not include a finding on that issue.  Id. at               
          392.  A Form 870 has a different purpose--it memorializes an                
          agreement that the Commissioner can assess a particular amount of           
          tax.  Someone signing a Form 870 is not even agreeing that he               






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