- 8 - entire IRS Appeals function would be independent. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 1001(a), 112 Stat. 689. The Commissioner then made the guarantee of impartiality part of the IRS’s standard operating procedure by issuing Revenue Procedure 2000-43, 2000-2 C.B. 404. This procedure prohibits ex parte communications by IRS employees that would appear to compromise the independence of an Appeals officer. Through a series of questions and answers, the Commissioner explains which types of communications he regards as prohibited ex parte contacts. Rev. Proc. 2000-43, sec. 3, 2000-2 C.B. at 405. He begins with a general definition of ex parte communications as those taking place between an Appeals officer and another IRS employee in which the taxpayer does not have a reasonable “opportunity to participate.” Id., Q&A-1 and Q&A-21, 2000-2 C.B. at 405, 408. He excludes the administrative file from the definition of an ex parte communication because that file explains what the dispute is about and establishes the jurisdiction of IRS Appeals. Id., Q&A-4, 2000-2 C.B. at 405. However, the procedure warns, communications with the “originating function” (IRS-speak for an employee whose initial determination the Appeals Office is reviewing) may only address “ministerial, administrative, or procedural matters and [may] not address the substance of the issues or positions taken in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007