Kenneth A. Sapp - Page 21

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          attorneys in the Office of Chief Counsel.  We note first that the           
          contacts here occurred after this case was docketed, putting them           
          outside the purview of Rev. Proc. 2000-43, supra.  Even if the              
          proscriptions of Rev. Proc. 2000-43, supra, were applied, there             
          is no evidence or reason to suspect that the Chief Counsel                  
          attorney assigned to petitioner's case advised the IRS employee             
          who made the decision to issue the Final Notice of Intent to Levy           
          to petitioner.                                                              
               We are also mindful that petitioner at no point raised an              
          issue with the Appeals employees that required the exercise of              
          significant judgment.  Prior to trial, petitioner never                     
          identified the nature of any challenge he wished to make with               
          respect the underlying liabilities, even though advised by                  
          Appeals that he was entitled to do so with respect to 1990                  
          through 1993.  He offered no specific collection alternative (or,           
          as a single filer, any spousal defenses).  Rather, he presented a           
          myriad of procedural challenges, the resolution of which, in our            
          view, did not require the exercise of significant independent               
          judgment.  To the extent the Forms 1040X submitted by petitioner,           
          which were reviewed by the Appeals employees, might be considered           
          evidence of the nature of his challenge to the underlying                   
          liabilities, they contained tax protester arguments that do not             
          warrant serious consideration.                                              







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