Gregory Drake - Page 13

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          Gordon on January 30, 2002.  As discussed above, on that date,              
          Advisor Gordon faxed to Settlement Officer O’Shea a copy of a               
          prior memorandum from Advisor Gordon to Attorney Forbes, dated              
          October 5, 1999, which discussed the distribution of proceeds               
          from the sale of petitioner’s three properties subject to Federal           
          tax liens upon dismissal of petitioner’s bankruptcy case.                   
          Respondent contends that the ex parte communication between                 
          Settlement Officer O’Shea and Advisor Gordon was inconsequential            
          because Settlement Officer O’Shea received no factual information           
          not already known to petitioner.  Additionally, respondent                  
          contends that petitioner was provided with the opportunity to               
          discuss the distribution of sale proceeds, as demonstrated by the           
          letter from Appeals Officer Kaplan to Mr. Burke dated July 2,               
          2003.                                                                       
               The Internal Revenue Service Restructuring and Reform Act of           
          1998, Pub. L. 105-206, sec. 1001(a), 112 Stat. 689, directed the            
          Commissioner of Internal Revenue to develop a plan to prohibit ex           
          parte communications between Appeals officers and other employees           
          of the Internal Revenue Service that appear to compromise the               
          independence of the Appeals officers:                                       
               The Commissioner of the Internal Revenue shall develop                 
               and implement a plan to reorganize the Internal Revenue                
               Service.  The plan shall * * * (4) ensure an                           
               independent appeals function within the Internal                       
               Revenue Service, including the prohibition in the plan                 
               of ex parte communications between appeals officers and                
               other Internal Revenue Service employees to the extent                 
               that such communications appear to compromise the                      





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