United States Ninth Circuit

When a taxpayer offered to pay the IRS a sum certain to "fully resolve all adjustments at issue" for certain tax years, and the Commissioner accepted his offer, the taxpayer could not then apply net operating losses (NOLs) from his real estate business to reduce his agreed payments under the settlement where the taxpayer did not reserve the right to use NOLs in the settlement agreement, nor raised the issue of using the NOLs before the Commissioner accepted his settlement offer.

Appellate Information

• Decided 09/01/2006
• Published 09/01/2006

Judges

• BEA, Circuit Judge:, Before: D.W. NELSON, RAWLINSON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lorraine Howell, Costa Mesa, CA, and Kenneth M. Barish, Beverly Hills, CA, for appellant Thomas E. Johnston.


• For Appellees:
  
• Thomas J. Clark and Karen D. Utiger, Washington, D.C., for appellee Commissioner of Internal Revenue.