Frederic S. Clayton and Marlene B. Clayton - Page 16

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            Section 9781.348.2 of the manual provides:                                                   
                        (1) A "return" is any tax return or information                                  
                  return, schedules, and attachments thereto, including                                  
                  any amendment or supplement, which is required or                                      
                  permitted to be filed and is in fact filed by a                                        
                  taxpayer with the Secretary of the Treasury. Examples                                  
                  include:                                                                               
                              (a) Forms 1040, Schedules A, B, C and Forms                                
                        W-2.                                                                             
                              (b) A taxpayer has filed an income tax return                              
                        and subsequently submits a letter to IRS                                         
                        explaining an item on the original return. The                                   
                        letter is within the definition of return.                                       
                        (2) The statutory definition of "return                                          
                  information" is very broad. It includes any information                                
                  other than a taxpayer's return itself which IRS has                                    
                  obtained from any source or developed through any means                                
                  which relates to the potential liability of any person                                 
                  under the Code for any tax, penalty, interest, fine,                                   
                  forfeiture or other imposition or offense.                                             
                  Petitioners' reliance on the above provisions is misplaced                             
            in the context of the present case.  The intent of both section                              
            6103(b)(2) and section 9781.348.2 of the manual is to require                                
            respondent's agents to maintain the confidentiality of taxpayers'                            
            information.  By its own terms, section 6103(b)(1) limits its                                
            definition of the term "return".  It is defined only “For                                    
            purposes of this section”. Sec. 6103(b)(1).  Moreover, section                               
            9781.348.2 of the manual defines the terms "return" and "return                              
            information" for purposes of the rule in section 9781.348.1,                                 
            which requires special agents in criminal tax investigations to                              
            treat return information as confidential.  I.R.M., supra sec.                                
            9781.348.1 at 28,689-5.  Although we do not see any inconsistency                            





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