David J. Edwards - Page 50




                                       - 50 -                                         
          reference to the difference between the manner in which revenue             
          officers operated in the 19th century and the way they operate              
          today:                                                                      
               There was virtually no Washington bureaucracy created                  
               by the Act of July 1, 1862, ch. 119, 12 Stat. 432, the                 
               statute to which the present Internal Revenue Service                  
               can be traced.  Researchers report that during the                     
               Civil War 85 percent of the operations of the Bureau of                
               Internal Revenue were carried out in the field--                       
               “including the assessing and collection of taxes, the                  
               handling of appeals, and punishment for frauds”-- and                  
               this balance of responsibility was not generally upset                 
               until the 20th century.  L. Schmeckebier & F. Eble, The                
               Bureau of Internal Revenue 8, 40-43 (1923).  Agents had                
               the power to enter any home or business establishment                  
               to look for taxable property and examine books of                      
               accounts.  Information was collected and processed in                  
               the field.  It is, therefore, not surprising to find                   
               that congressional comments during this period focused                 
               on potential abuses by agents in the field and not on                  
               breaches of confidentiality by a Washington-based                      
               bureaucracy.  [Id. at 297 n.23.]                                       
          Petitioner’s counsel quotes this footnote as support for her                
          argument that the Internal Revenue Service is not a governmental            
          agency.  We are unable to discern how the footnote or the                   
          Chrysler Corp. opinion in any way supports petitioner’s argument            
          that the Internal Revenue Service is not an agency of the United            
          States.                                                                     
               Petitioner next claims that in Diversified Metal Prods.,               
          Inc. v. T-Bow Co. Trust, 78 AFTR 2d 5830, 96-2 USTC par. 50,437             
          (D. Idaho 1996), the United States admitted that the Internal               
          Revenue Service was not an agency, and the court based its                  
          decision on that admission.  The issue in Diversified Metal was             







Page:  Previous  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  Next

Last modified: May 25, 2011