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On July 6, 2006, Mr. Elder and the Appeals officer spoke by
telephone. In a letter dated and sent by facsimile the same day,
Mr. Elder memorialized the conversation. Mr. Elder indicated
that he would perform additional legal research, although he did
not state when he expected to complete the research.
On July 10, 2006, Mr. Elder again spoke to the Appeals
officer by phone and memorialized the conversation in a letter
sent via facsimile the same day. The letter states in part:
I believe that your interpretation of the law is
incorrect and that if you would provide me with a day
or two to complete the research that I have started, I
believe I can present you with authorities from the
code and/or regulations which would convince you to
drop the case. * * *
If the foregoing does not comport with your
recollection * * *, please advise.
On the same day, the Appeals officer closed petitioners’
case and gave the administrative file to her manager. On July
11, 2006, petitioners sent a letter to the Appeals officer
discussing in detail the Internal Revenue Code provisions and
Treasury regulations that govern distributions from Roth IRAs for
first-time homebuyer expenses (July 11 letter). The analysis in
the letter indicates, inter alia, that a distribution from a Roth
IRA can satisfy the exception for first-time homebuyer expenses.
The July 11 letter was date stamped received by the Internal
Revenue Service on July 17, 2007. It is not clear whether the
Appeals officer ever saw the July 11 letter.
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Last modified: November 10, 2007