Estate of Jerry Weiss, Deceased, Naomi Weiss, Executor, and Naomi Weiss - Page 3

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          1987-1 C.B. 720, provides that cases docketed in the Tax Court              
          “will be referred by District Counsel * * * to the Appeals                  
          Division * * * for consideration of settlement unless the                   
          statutory notice of deficiency was issued by Appeals.”                      
               The flaw with the estate’s argument is that neither Rev.               
          Proc. 87-24, supra, nor section 601.106, Statement of Procedural            
          Rules, affords the estate a substantive right to take its case to           
          Appeals.  It is well established that “general statements of                
          policy and rules governing internal agency operations or                    
          ‘housekeeping’ matters, which do not have the force and effect of           
          law, are not binding on the agency issuing them and do not create           
          substantive rights in the public.”  Capitol Fed. Sav. & Loan                
          Association v. Commissioner, 96 T.C. 204, 216-217 (1991) (citing            
          United States v. Will, 671 F.2d 963, 967 (6th Cir. 1982)                    
          (Internal Revenue Manual); Einhorn v. DeWitt, 618 F.2d 347,                 
          349-350 (5th Cir. 1980) (Statement of Procedural Rules); Smith v.           
          United States, 478 F.2d 398 (5th Cir. 1973) (Statement of                   
          Procedural Rules); Rosenberg v. Commissioner, 450 F.2d 529, 531             
          (10th Cir. 1971), affg. T.C. Memo. 1970-201 (Statement of                   
          Procedural Rules); Luhring v. Glotzbach, 304 F.2d 560 (4th Cir.             
          1962) (Statement of Procedural Rules)).                                     
               The estate relies on United States v. Heffner, 420 F.2d 809            
          (4th Cir. 1969).  Heffner involved a criminal prosecution of a              
          taxpayer for income tax fraud.  The IRS had issued and published            






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