Michael J. Fitzpatrick - Page 6

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            for the reopening fall well within the parameters of that policy.                              
            In any event, it is clear that Rev. Proc. 85-13 is a directory,                                
            not mandatory, internal procedural set of rules which do not                                   
            provide a basis for rejecting a deficiency notice because of a                                 
            violation of its provisions.  Collins v. Commissioner, 61 T.C.                                 
            693, 700-701 (1974).4  Petitioner makes no argument that the                                   
            deficiency notice does not otherwise meet the requirements of                                  
            section 6212.  See Abeles v. Commissioner, 91 T.C. 1019, 1025-                                 
            1027 (1988).  In view of the foregoing, the validity of the                                    
            deficiency notice is not open to challenge, and we need not                                    
            explore whether we would have jurisdiction to cancel the notice                                
            if the circumstances were such as to taint it.  Collins v.                                     




            3(...continued)                                                                                
                         1.  There is evidence of fraud, malfeasance, collusion,                           
                  concealment or misrepresentation of a material fact; or                                  
                         2.  The prior closing involved a clearly defined                                  
                  substantial error based on an established Service position                               
                  existing at the time of the previous examination; or                                     
                         3.  Other circumstances exist that indicate failure to                            
                  reopen would be a serious administrative omission.                                       
                         .02  All reopening must be approved by the Chief,                                 
                  Examination Division (District Director in Streamlined                                   
                  District), or Chief, Compliance Division, for cases under                                
                  his/her jurisdiction.  If an additional inspection of the                                
                  taxpayer's books of account is necessary, the notice to the                              
                  taxpayer required by section 7605(b) of the Code must be                                 
                  signed by the Chief, Examination Division (District Director                             
                  in Streamlined Districts), or Chief, Compliance Division,                                
                  for cases under his/her jurisdiction.  [Rev. Proc. 85-13,                                
                  1985-1 C.B. 515.]                                                                        
            4  See also Feldman v. Commissioner, T.C. Memo. 1985-132.                                      




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