Samuel T. Seawright and Carol A. Seawright - Page 10




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          parties, including representatives of Sadisco, the Department of            
          Motor Vehicles (DMV), and certain purchasers of petitioners’                
          rebuilt vehicles.                                                           
               On reply brief, respondent concedes that in the course of              
          preparing for trial, respondent’s trial counsel contacted                   
          potential witnesses without advance notice to petitioners.                  
          Respondent contends that these contacts did not violate section             
          7602(c).  We agree with respondent.                                         
               Section 7602(c) restricts the IRS’s third-party contacts               
          “with respect to the determination or collection of the tax                 
          liability”.  The statute does not expressly indicate whether the            
          IRS’s trial preparations in the course of a court proceeding                
          should be considered to be “with respect to the determination or            
          collection of the tax liability”.                                           
               The proposed regulations state that “Section 7602(c) does              
          not apply to contacts made in the course of a pending court                 
          proceeding.”  Section 301.7602-2(f)(7), Proposed Proced. & Admin.           
          Regs., 66 Fed. Reg. 84 (Jan. 2, 2001).  Proposed regulations are            
          given no greater weight than a position advanced by respondent on           
          brief.  See F.W. Woolworth Co. v. Commissioner, 54 T.C. 1233,               
          1265-1266 (1970).  Nevertheless, they can be useful guidelines              
          where, as here, they closely follow the legislative history of              
          the statutory provision in question.  See Van Wyk v.                        
          Commissioner, 113 T.C. 440, 444 (1999).                                     







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