Thomas B. Hawkins and Leanna L. Hawkins, Deceased - Page 10

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          evidence does not persuade us that respondent’s action was beyond           
          the permissible limits of Rev. Proc. 94-68 regardless of whether            
          he based his decision to reopen petitioner’s 1998 case upon Rev.            
          Proc. 94-68, sec. 5.01(2) or (3).                                           
               Petitioner asserts that respondent is precluded from                   
          performing a second inspection of petitioner’s records under                
          section 7605(b).  Section 7605(b) provides:                                 
               SEC. 7605(b).  Restrictions on Examination of Taxpayer.--              
               No taxpayer shall be subjected to unnecessary                          
               examination or investigations, and only one inspection                 
               of a taxpayer’s books of account shall be made for each                
               taxable year unless the taxpayer requests otherwise or                 
               unless the Secretary, after investigation, notifies the                
               taxpayer in writing that an additional inspection is                   
               necessary.                                                             
               The purpose of section 7605(b) is not to limit the number of           
          examinations, but to shift the discretion for a reexamination of            
          the taxpayer’s books to higher management personnel from the                
          field agent; this serves “to emphasize the responsibility of                
          agents to exercise prudent judgment in wielding the extensive               
          powers granted to them by the Internal Revenue Code.”  United               
          States v. Powell, 379 U.S. 48, 56 (1964); Miller v. Commissioner,           
          supra.  Section 7605(b) was not meant to restrict the scope of              
          respondent’s legitimate power to protect the revenue.  Section              
          7605(b) is not to be read so broadly as to defeat the powers                
          granted to respondent to examine the correctness of a taxpayer’s            
          return.  See De Masters v. Arend, 313 F.2d 79, 87 (9th Cir.                 






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