- 19 - ii. Respondent Did Not Violate His Reopening Procedures in Reopening Petitioner’s 1992 Tax Year. Whether respondent was justified under Rev. Proc. 94-68 and section 4023 of the Manual, supra, in reopening petitioner’s “closed” case would depend upon whether respondent’s original position (1) was attributable to taxpayer or Service misconduct, (2) constituted “substantial error,” or (3) whether respondent’s failure to change the position would have constituted “a serious administrative omission”. Satisfaction of any of these three tests would justify reopening under the Service’s own policy pronouncements. See supra p. 16. We focus on the third test, whether “failure to reopen would” have been “a serious administrative omission.” Reopening because of a “serious administrative omission” covers situations in which a failure to reopen could: (1) result in serious criticism of the Service’s administration of the tax laws; (2) establish a precedent that would seriously hamper subsequent attempts by the Service to take corrective action; (3) result in inconsistent treatment of similarly situated taxpayers who have relatively free access to knowledge as to how the Service treated items on other taxpayers’ returns. [1 Audit, Internal Revenue Manual (CCH), sec. 4023.5, at 7065.] With regard to “serious administrative omission”, we conclude that respondent is on firm ground. Whatever doubt there might have been about the clarity of respondent’s established position in 1994, those doubts were laid to rest and the positionPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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