Curtis B. Keene - Page 45

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               interviews.  A written statement handed to the taxpayer                
               at an audit or collection interview or within a short                  
               time before the interview is sufficient. * * *                         
          H. Conf. Rept. 100-1104, at 213 (1988), 1988-3 C.B. 473, 703.               
               Section 7521(b)(1) and the conference report make clear                
          that, when Congress used the phrase “in-person interview” in                
          section 7521, it did not have in mind either the dictionary                 
          definition of the term “interview” on which the majority                    
          improperly relies or the historically voluntary and informal                
          hearings or conferences before Appeals.  The descriptions by                
          Congress in section 7521 itself and its legislative history leave           
          no doubt that what Congress meant when it used the phrase “in-              
          person interview” in section 7521, including section 7521(a)(1),            
          is an in-person audit interview and an in-person collection                 
          interview, which take place during the audit process and the                
          collection process, respectively, and the function of which is to           
          investigate and determine facts relating to the determination and           
          the collection of any tax.  Thus, it makes perfect sense that               
          Congress decided in section 7521 to allow taxpayers, sec.                   
          7521(a)(1), as well as the IRS, sec. 7521(a)(2), to record such             
          types of interviews.  That is because in-person audit interviews            
          and in-person collection interviews are interviews initiated by             
          the IRS that taxpayers are under some compulsion to attend and              
          that the IRS conducts for the purpose of gathering information to           
          use in the determination of and the collection of tax,                      






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