Blaney H. Howle III and Polly T. Howle - Page 6




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               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 to            






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