Estate of Marvin E. Greenfield, Deceased, Barbara Greenfield, Personal Representative, and Barbara Greenfield - Page 9




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          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 1988             







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