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Daniel, Chief, Team A, dated May 26, 1993, and as a result of a
counseling session with Mr. Rabassa on May 25, 1993, Mrs. Daniel
stated:
This letter confirms our discussions of May 25, 1993,
during which time I informed you that your performance
has been unacceptable for certain critical areas of
your position and specific standards. You have been
counseled several times on these same critical elements
and standards.3
Mrs. Daniel concluded her May 26, 1993, memorandum to Mr.
Rabassa as follows:
Beginning on June 1, 1993 you will be given sixty (60)
calendar days in which you will have an opportunity to
demonstrate acceptable performance with respect to the
above-critical elements and performance standards. I
will be monitoring your performance closely during this
period and at the end of the period I will evaluate
your performance, with the assistance of the Section
Chief and make a determination whether your performance
has become acceptable during the period. You will be
informed soon thereafter on whether possible further
action is to be taken if any. I will continue to give
you feedback as I discussed with you.
If you have any questions on this matter, I am
available to answer your questions and to assist you in
improving your performance during this period. I asked
you if you wanted an OJI and your preference is to work
with me and I believe we can do it.
cc: Chief, Section I
Tina Myers, respondent's revenue agent, audited petitioners'
1991 and 1992 returns, and respondent issued the statutory notice
of deficiency based upon Ms. Myers' findings and Mr. Rabassa's
accusations.
3 On May 26, 1993, Mrs. Daniel was not aware that Mr.
Rabassa had reported her to the Inspection Division of IRS.
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