Curtis B. Keene - Page 48

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          examination division and the collection division, respectively,             
          is to investigate and determine facts relating to the                       
          determination and the collection of any tax.                                
               Thus, it makes perfect sense that, when Congress enacted               
          section 7521(a)(1) and the other “PROCEDURES INVOLVING TAXPAYER             
          INTERVIEWS” set forth in section 7521, it did not intend to                 
          include hearings or conferences historically held before Appeals            
          for the purpose of attempting to settle or otherwise resolve                
          actions taken by the examination division or the collection                 
          division of the IRS without resort to litigation.  And it makes             
          no sense that Congress would have required that section                     
          7521(a)(1) and the other procedures in section 7521 apply to such           
          hearings or conferences.  Pursuant to the majority’s holding that           
          the phrase “in-person interview” includes an Appeals hearing, not           
          only taxpayers, see sec. 7521(a)(1), but also Appeals officers,             
          see sec. 7521(a)(2), have the right to make an audio recording of           
          Appeals hearings.  I believe that such audio recordings will                
          inhibit unnecessarily and inappropriately the give-and-take that            
          typically takes place at such hearings and conferences in order             
          to attempt to negotiate settlements or otherwise resolve actions            
          taken by the examination division or the collection division of             
          the IRS without resort to litigation.                                       


               4(...continued)                                                        
               her consideration and comment.                                         





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