• Current through October 23, 2012

The Mayor may enter into a written agreement with a person relating to the liability of the person for a tax for any taxable period. If the agreement is approved by the Mayor within the time as may be stated in the agreement, or later agreed upon, the agreement shall be final and conclusive and, except upon a showing of fraud, malfeasance, or misrepresentation of a material fact:

(1) The case shall not be reopened as to the matters agreed upon;

(2) The agreement shall not be modified; and

(3) In a suit or proceeding relating to the tax liability of the taxpayer, the agreement shall not be annulled, modified, set aside, or disregarded.

(June 9, 2001, D.C. Law 13-305, § 405(b), 48 DCR 334; July 18, 2008, D.C. Law 17-179, § 2, 55 DCR 6253.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 17-179 substituted "for any taxable period" for "for a period ending before the date of the agreement".

Temporary Amendments of Section

Section 2 of D.C. Law 16-256 substituted "for any taxable period" for "for a period ending before the date of the agreement".

Section 5(b) of D.C. Law 16-256 provides that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 17-73 substituted "for any taxable period" for "for a period ending before the date of the agreement".

Section 4(b) of D.C. Law 17-73 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2 of Closing Agreement Emergency Act of 2006 (D.C. Act 16-572, December 19, 2006, 54 DCR 15).

For temporary (90 day) amendment of section, see § 2 of Closing Agreement Emergency Act of 2007 (D.C. Act 17-146, October 17, 2007, 54 DCR 10754).

Legislative History of Laws

For Law 13-305, see notes under § 47-4401.

Law 17-179, the "Closing Agreement Act of 2008", was introduced in Council and assigned Bill No.17-69 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 20, 2008, it was assigned Act No. 17-372 and transmitted to both Houses of Congress for its review. D.C. Law 17-179 became effective on July 18, 2008.

Miscellaneous Notes

Section 3 of D.C. Law 17-179 provides:

"Sec. 3. Applicability.

"Section 2 shall apply as of December 1, 2006."