Samuel T. Seawright and Carol A. Seawright - Page 13




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          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).                                   





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