- 14 - agree with respondent that the Appeals officer found “that there was no written request submitted by the taxpayers for the sale of the stock”, we would conclude that such a finding was an abuse of discretion, as being without sound basis in fact. Respondent leans heavily on a statement in the Appeals officer’s Appeals Case Memo: “No request was received in writing from the representative as requested”. The administrative record shows, however, that what the Appeals officer ultimately requested from Mr. Mather, and conditioned the sale of the stock upon, was information in writing as to the fair market value of the stock.11 This conclusion is consistent with the context of 10(...continued) has requested to happen”. A day later, she spoke by phone to Mr. Mather, who, according to her notes, “wants to sell stock”. The Appeals officer’s case activity notes indicate that she would continue to work with Mr. Mather, “on possible sale of stock he has requested to happen”. In her Appeals Case Memo, the Appeals officer states: “The request to sell the stock was made during the consideration of this case.” 11 According to a Sept. 7, 2001, entry in her case activity records, the Appeals officer, in her first telephone conversation with Mr. Mather after receiving the Aug. 23, 2001, fax, told him that she “would like” him to put his request “in writing”, with a copy to the revenue officer. According to the Appeals officer’s own characterization of it, then, this directive was precatory; there is no indication that the Appeals officer made her consideration of Mr. Mather’s faxed request (which was necessarily in writing) conditional on his submitting an additional written request. To the contrary, the case activity records show that immediately after speaking with Mr. Mather, the Appeals officer spoke with the revenue officer, who was not only already familiar with Mr. Mather’s request but acquiesced in it, subject to ascertaining the stock’s fair market value. Other IRS personnel to whom she spoke reiterated concerns about determining the stock’s fair market value. (continued...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011