- 9 - 282 U.S. 270, 276 (1931); Piarulle v. Commissioner, 80 T.C. 1035, 1042 (1983). Petitioners do not disagree with respondent concerning these holdings but urge this Court to step outside of the holdings of Stange and Piarulle. Petitioners argue that the September 1981 version of Form 872-A signed by the Greenfields, unlike the written agreement considered in Stange and the Form 872, Consent to Extend the Time to Assess Tax, considered in Piarulle, also operates to extend the period of limitations on refunds. Petitioners argue that this refund extension creates a mutuality that transforms Form 872-A from a unilateral waiver into an executory contract. We decline petitioners’ invitation to hold differently here than in Stange and Piarulle. We are unpersuaded that the refund language in the September 1981 version of Form 872-A effects a fundamental change in the document, somehow transforming Form 872-A from a waiver into an executory contract. This Court has held consistently that, although interpretations of Forms 872-A are informed by contract principles, Form 872-A is a unilateral waiver of a defense and not a contract. See Piarulle v. Commissioner, supra at 1042; see also Bilski v. Commissioner, T.C. Memo. 1994-55, affd. 69 F.3d 64 (5th Cir. 1995). In Bilski, which petitioners urge was decided wrongly, the facts were similar to the facts here. In 1986, the Bilskis executed a Form 872-A. They filed for bankruptcy under chapter 7 in June 1988Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008