Zaentz v. Commissioner
United States Tax Court
Ps entered into Form 906 closing agreements with R settling disputes in earlier years relating to matters other than the matters at issue in this case. Held, the closing agreements are final only as to the matters agreed upon.
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Ps entered into Form 906 closing agreements with R settling disputes in earlier years relating to matters other than the matters at issue in this case. Held, the closing agreements are final only as to the matters agreed upon. Sec. 7121, I.R.C. 1954. Held, further, the premises underlying a closing agreement are useful in interpreting the matters agreed upon in that closing agreement; however, the parties are not bound by the premises underlying the agreement in respect to a matter other than the matter that was agreed upon in the closing agreement.
1Opinion of the Court
OPINION
NlMS, Judge:
This matter is before the Court on petitioners’ motion for partial summary judgment pursuant to Rule 121.1 The requirements of Rule 121 have been satisfied, and we find that a partial summary judgment is appropriate in this case. The issue raised by petitioners’ motion is whether statutory closing agreements that settled earlier controversies between petitioners and respondent involving matters other than those in dispute in this case bar respondent from arguing now that certain entities are shams and certain trusts are grantor trusts.
Summary judgment is appropriate when…
2Cases cited10 opinions
- Wolverine Petroleum Corp. v. CommissionerCourt of Appeals for the Eighth Circuit · 1935
- Phillips v. CommissionerUnited States Tax Court · 1947
- Cramp Shipbuilding Co. v. CommissionerUnited States Tax Court · 1950
- Smith Paper Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Estate of Johnson v. CommissionerUnited States Tax Court · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by204 opinions
- Montgomery v. Comm'rUnited States Tax Court · 2004
- Callahan v. Comm'rUnited States Tax Court · 2008
- Richard M. Baptiste, Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1994
- Aguirre v. Comm'rUnited States Tax Court · 2001
- Fla. Country Clubs, Inc. v. Comm'rUnited States Tax Court · 2004
199 more not listed; retrieve them via the Exa API.