Taylor Miller - Page 21




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          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 the                    





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