Ronald L. Pack, and Marla Pack, for Themselves and as Representatives of a Class v. United States

I

OVERVIEW

In order to resolve a dispute with the Internal Revenue Service (IRS) regarding the tax treatment of certain partnership property, Ronald and Marla Pack (the Packs) executed a closing agreement with the IRS. The Packs filed this suit against the United States (Government) seeking a tax refund for interest assessed on their tax deficiency. They contend that the closing agreement suspended the assessment of- interest and that they are entitled to a refund of the interest they paid.

The district court had jurisdiction under 28 U.S.C. § 1346 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 and affirm.

II

FACTS AND PROCEDURAL HISTORY

The Packs were partners in Culver City Associates, a TEFRA partnership. As a result of a dispute with the IRS regarding the tax treatment of certain partnership items for the tax years 1983 through 1987, the Packs and the IRS Commissioner executed a closing agreement (Agreement) in April, ,1990. The Agreement contained a provision whereby the Packs agreed to waive restrictions on the assessment and collection of a tax deficiency pursuant to I.R.C. §§ 6213 and 6225. Execution of a § 6213 waiver suspends interest…