John A. Roberts - Page 7

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               (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 is                





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