- 13 - does not restrict that authority. As far as the record reveals, respondent’s examination activities ceased no later than January 6, 2000, when respondent issued the notice of deficiency. Respondent has not sought to use the section 7602(a) examination power to determine any additional deficiency, pursuant to section 6212(c). There is no evidence that respondent used the section 7602(a) examination power to summon prospective third-party witnesses and take testimony under oath. Cf. Westreco, Inc. v. Commissioner, T.C. Memo. 1990-501, modified in Ash v. Commissioner, 96 T.C. 459 (1991). There is no evidence to suggest that respondent’s agents made any third-party contacts in connection with any collection activity.7 We conclude that the informal contacts of potential witnesses by respondent’s trial counsel in preparation for trial were not made in the course of respondent’s examination or collection activities and therefore are not subject to the restrictions of section 7602(c). 6(...continued) be submitted to the Court and to petitioners at least 15 days before the trial session. Respondent complied with these requirements of the standing pretrial order. 7 As a general matter, if the taxpayer has filed a petition with this Court for a redetermination of the deficiency, the IRS may not commence collection activities until this Court’s decision has become final. Sec. 6213(a).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011