Jerry D. Criner - Page 29

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          supporting his request as well as additional information Counsel            
          had obtained regarding petitioner’s collection file.                        
               At trial, petitioner argued that the following section in an           
          ICS transcript12 relating to petitioner’s case proved that Mr.              
          Baustert did not follow established guidelines in making his                
          request for approval to file the nominee Notice of Federal Tax              
          Lien:                                                                       
               Reviewed copy of nominee lien approval received during                 
               ICS downtime – control opened to maintain some advisory                
               record thereof.  Unless something was missed during ICS                
               downtime, RO submitted request directly to counsel                     
               rather than following usual procedures of routing it                   
               through advisory.  As such, there was no advisory                      
               review, record, or control.  It is unclear why it was                  
               not sent to counsel through advisory.  Although it is                  
               acknowledged that advisory review is not required by                   
               the IRM, it has been established practice here in the                  
               absence of extraordinary circumstances.                                
          The hearing officer testified at trial that he reviewed the ICS             
          transcript in making his determination.  He explained that,                 
          although the advisory group normally reviewed the requests to               
          decide if any additional supporting documentation was required,             
          collection officers sometimes worked directly with Counsel,                 
          bypassing the advisory review.  According to Mr. Penny, the                 
          revenue officer was dealing with another nominee NFTL on property           
          allegedly owned by petitioner in another location, so the revenue           
          officer had already established a direct path to Counsel.  We               

               12An ICS transcript is a case file transcript that is                  
          maintained by the IRS to document case file actions taken by IRS            
          personnel.                                                                  





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