- 21 - least one of the criteria for a “serious administrative omission” was satisfied, respondent’s self-imposed stated conditions for reopening petitioner’s 1992 tax case were satisfied. b. Second Inspection Section 7605(b) 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 or his delegate, after investigation, notifies the taxpayer in writing that an additional inspection is necessary. The purpose of section 7605(b) is not to limit the number of examinations, but to shift the discretion for a reexamination of the taxpayer’s books to higher management personnel from the field agent; this serves “to emphasize the responsibility of agents to exercise prudent judgment in wielding the extensive powers granted to them by the Internal Revenue Code.” United States v. Powell, 379 U.S. 48, 56 (1964). Section 7605(b) was not meant to restrict the scope of respondent’s legitimate power to protect the revenue. See id. Section 7605(b) is not to be read so broadly as to defeat the powers granted to respondent to examine the correctness of a taxpayer’s return. See De Masters v. Arend, 313 F.2d 79, 87 (9th Cir. 1963). There is no evidence in the record of a second inspection as contemplated by section 7605(b), irrespective of whether petitioner is arguing that respondent’s reopening of thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011