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to First Union and all of the executives, including Mr. Rabassa
were terminated. He could not find employment in the banking
industry.
He was first employed by the IRS in 1990 as a taxpayer
service representative at $16,000 per year. In May 1993, Mr.
Rabassa was an account representative in the Automated Collection
System Unit (ACS) of the Collection Division; his supervisor was
Mrs. Daniel. One of the responsibilities of ACS was to contact
persons who had not filed tax returns when required. ACS would
often prepare a return for delinquent taxpayers and submit it to
them for signature.
While working under the supervision of Mrs. Daniel, Mr.
Rabassa kept notes on the way the ACS dealt with taxpayers.
Those notes included his observations regarding training issues,
assignments, and what he considered to be inappropriate comments
between ACS employees and taxpayers that he intended to take up
with management. As Mr. Rabassa testified: "Some of the
statements made by taxpayer representatives (IRS) to taxpayers
were totally inappropriate and should be brought to a
discipline--not discipline; that's a wrong choice of words--
should have training on better customer service skill."
Mr. Rabassa had received some training from the IRS in
preparing tax returns for delinquent taxpayers.
Mrs. Daniel entered her and Mr. Daniel's names and an
identifying number on Form 4684, casualties and thefts, which
petitioners attached to their 1992 return. All of the casualty
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