Joseph E. Lewis - Page 20




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          Sec. 601.106(f)(2), Statement of Procedural Rules.  Thus, while             
          not de novo review by a judge, Appeals nonetheless provides a               
          taxpayer with an opportunity to dispute a tax liability.                    
               The importance to Congress of a meaningful Appeals process             
          as part of the overall tax collection scheme is apparent in the             
          Restructuring and Reform Act.  While the opportunity for Appeals            
          consideration has long been part of the Commissioner’s collection           
          scheme, it had not previously been mandated by the Code.  The               
          Restructuring and Reform Act sec. 1001, 112 Stat. 689, however,             
          mandates that an independent appeals function exist within the              
          IRS:                                                                        
               Reorganization of the Internal Revenue Service                         
                    (a) In General.--The Commissioner of Internal                     
               Revenue shall develop and implement a plan to                          
               reorganize the Internal Revenue Service. The plan                      
               shall--                                                                
          *       *       *       *       *       *       *                           
                    (4) ensure an independent appeals function within                 
               the Internal Revenue Service, including the prohibition                
               in the plan of ex parte communications between appeals                 
               officers and other Internal Revenue Service employees                  
               to the extent that such communications appear to                       
               compromise the independence of the appeals officers.                   
          Furthering this mandate, Senator Roth, Chairman of the Senate               
          Committee on Finance, explained in his statement introducing the            
          Restructuring and Reform Act for Senate debate:                             
               One of the major concerns we heard throughout our                      
               oversight initiative was that the taxpayers who get                    
               caught in the IRS hall of mirrors have no place to turn                
               that is truly independent and structured to represent                  






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Last modified: November 10, 2007