Gregory Drake - Page 14

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               independence of the appeals officers.                                  
               To fulfill that congressional mandate to ensure an                     
          independent Appeals Office, respondent issued Rev. Proc. 2000-43,           
          2000-2 C.B. 404, which is effective for communications between              
          employees of the Appeals Office and other Internal Revenue                  
          Service employees taking place after October 23, 2000.  See                 
          Harrell v. Commissioner, T.C. Memo. 2003-271.  Rev. Proc. 2000-             
          43, sec. 3, Q&A-1, 2000-2 C.B. at 405, provides the following               
          general description of the prohibition on ex parte                          
          communications:                                                             
               For the purposes of this revenue procedure, ex parte                   
               communications are communications that take place                      
               between Appeals and another Service function without                   
               the participation of the taxpayer or the taxpayer’s                    
               representative (taxpayer/representative).  While the                   
               legislation refers to “appeals officers,” the overall                  
               intent of the ex parte provision is to ensure the                      
               independence of the entire Appeals organization.  Ex                   
               parte communications between any Appeals employee,                     
               e.g., Appeals Officers, Appeals Team Case Leaders,                     
               Appeals Tax Computation Specialists, and employees of                  
               other Internal Revenue Service offices are prohibited                  
               to the extent that such communications appear to                       
               compromise the independence of Appeals.                                
               Rev. Proc. 2000-43, 2000-2 C.B. 404, provides that an                  
          Appeals officer may not engage in ex parte discussions of the               
          strengths and weaknesses of the issues of a case that would                 
          appear to compromise the Appeals officer’s independence and must            
          give the taxpayer an opportunity to participate in any                      
          discussions concerning matters that are not ministerial,                    
          administrative, or procedural in nature.  Rev. Proc. 2000-43,               





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