Estate of Jerry Weiss, Deceased, Naomi Weiss, Executor, and Naomi Weiss - Page 2

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          to the Appeals Office of the Internal Revenue Service (IRS)                 
          (Appeals) is grounds for reallocating the burden of proof to                
          respondent.  We hold that it is not.1  As explained in greater              
          detail, we shall deny the estate’s motion.                                  
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the tax years at issue.             
          All Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
                                     Discussion                                       
          I. The Procedural Rules That Provide for Transfers of Cases to              
               Appeals Do Not Afford the Estate a Substantive Right to IRS            
               Appellate Review                                                       
               This case involves respondent’s deficiency determinations              
          for the taxable years 1989 and 1990.  The estate claims that                
          section 601.106(b), Statement of Procedural Rules, and Rev. Proc.           
          87-24, 1987-1 C.B. 720, afford a substantive right to an Appeals            
          hearing.  Section 601.106(b), Statement of Procedural Rules,                
          provides that “the taxpayer has the right * * * of administrative           
          appeal to the Appeals organization” where the District Director             
          has issued a 30-day letter and the taxpayer makes a proper                  
          request for transfer to Appeals.  Rev. Proc. 87-24, section 2.01,           


          The parties also dispute the factual issue of whether certain               
          communications constituted the transfer of the estate’s case to             
          Appeals.  However, we are not deciding this factual dispute;                
          rather, we are deciding the legal issue of shifting the burden of           
          proof based on the assumption that respondent failed  to transfer           
          the estate’s case to Appeals.                                               




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