- 5 - Petitioners challenge the validity of respondent’s notice of deficiency claiming that they have been subjected to multiple audits for their 1997 tax year. Although they concede that their railroad retirement benefits are taxable, they challenge respondent’s calculations. There is no express limit on the number of examinations that may be pursued by the IRS for the same taxable year. See Digby v. Commissioner, 103 T.C. 441, 447 (1994). Section 7605(b), however, protects taxpayers from repetitive investigations undertaken by the IRS as a means of harassment. See Curtis v. Commissioner, 84 T.C. 1349, 1352 (1985); Collins v. Commissioner, 61 T.C. 693, 698-699 (1974). It provides: No taxpayer shall be subjected to unnecessary examination or investigations, and only one inspection of a taxpayer’s books of account shall be made for each taxable year unless the taxpayer requests otherwise or unless the Secretary, after investigation, notifies the taxpayer in writing that an additional inspection is necessary. [Sec. 7605(b).] In petitioners’ case, respondent has not violated either of the two prohibitions contained in section 7605(b). Petitioners have not been subjected to an unnecessary examination or investigation, nor have their books and records been reexamined without written notice thereof. Nothing in the record suggests that petitioners were subjected to an unnecessary examination. Section 7605(b) was not meant to restrict the scope of respondent's legitimate effort toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011