- 7 - (5) On July 13, 1992, after petitioner had become a Louisiana resident, he entered into an installment payment agreement with respondent’s office in Shreveport, Louisiana. In an “Appeals Case Memorandum”, which formed the basis for his subsequent determination letter to petitioner, Appeals Officer Mazaroli set forth his findings regarding petitioner’s claim that the extensions he signed were invalid: My Finding: My contact with the IRS Collection Division did not uncover any evidence in support of (or against) the taxpayer’s allegation that the extension of the * * * [statute of limitations on collection] is invalid. Since the taxpayer raised the issue and the only evidence presented was a copy of the completed and signed Form 900, which matches the one sent to Appeals by California Collections, there is insufficient evidence upon which to find that the extension is invalid. The taxpayer contends that the Form 900 was signed by him in blank and later completed by the Revenue Officer. As evidence of this, he provided a copy of a completed Form 900 that has the Revenue Officer’s signature dated after the taxpayer’s signature date. I do not find this to be sufficient evidence to overcome the correctness of the Form 900. In my experience with the IRS, I find it to be a common practice for an IRS employee to solicit an agreement from a taxpayer, and not sign the agreement form until it is reviewed by the employee and discussed with a manager. Since it is the practice of the IRS to solicit an extension or other agreement prior to review and approval and prior to IRS signature, the presumption is that the Form 900 was completed and then signed by the taxpayer and the Form 900 subsequently reviewed and signed by the Revenue Officer (The Tax Court has found that the presumption of official regularity justifies the conclusion that the Service carried out it [sic] procedures in the appropriate manner unless there is convincing evidence that shows otherwise. Sego v. Commissioner, 114 T.C. No. 37 (June 30, 2000)). Therefore I do not find that the taxpayer’s evidence isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011