- 29 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011