Cheryl D. Flathers - Page 11




                                       - 11 -                                         
               letter.                                                                
          The copy of the memorandum referred to in the settlement offi-              
          cer’s May 13, 2002 letter, which the settlement officer enclosed            
          with that letter, stated in pertinent part:                                 
               Effective immediately, audio and stenographic record-                  
               ings will no longer be allowed on Appeals cases.                       
               Taxpayers and/or representatives who have already                      
               requested such recordings will be informed of the                      
               change in practice immediately, and advised that their                 
               request cannot be allowed.                                             
               BACKGROUND                                                             
               Prior to enactment of IRC 7521, Service Compliance                     
               functions voluntarily allowed audio recordings.  Ap-                   
               peals decided to follow this practice at that time.                    
               IRC 7521, enacted in 1988, provided for the allowance                  
               of audio recordings of conferences relative to the                     
               determination or collection of a tax, between the                      
               taxpayer and the Internal Revenue Service, provided                    
               that the Service was given at least ten (10) days                      
               advance notice of the taxpayer’s intent to record the                  
               conference.                                                            
               Although Appeals makes liability and collectibility                    
               determinations, Appeals’ procedures differ from Exami-                 
               nation and Collection function contacts that are not                   
               discretionary for the taxpayer.  Contact with Appeals                  
               is discretionary for the taxpayer, and as such, record-                
               ing has always been discretionary for Appeals. * * *                   
               On May 16, 2002, respondent’s settlement officer held an               
          Appeals Office hearing with petitioner with respect to the notice           
          of tax lien.2  Although petitioner knew that the Appeals Office             
          no longer allowed audio recordings of Appeals Office hearings,              


               2On May 16, 2002, respondent’s settlement officer also held            
          an equivalent hearing with petitioner with respect to the notice            
          of intent to levy.                                                          





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