Joseph E. Lewis - Page 21




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               their concerns.  This legislation requires the agency                  
               to establish an independent Office of Appeals--one that                
               may not be influenced by tax collection employees or                   
               auditors.                                                              
                    Appeals officers will be made available in every                  
               state, and they will be better able to work with                       
               taxpayers who proceed through the appeals process.                     
          144 Cong. Rec. 14689 (1998) (Statement of Senator Roth). This               
          suggests that Congress intended the Restructuring and Reform Act            
          to result in an Appeals function that acted as something more               
          than just a rubber stamp for the Commissioner’s determinations.             
               The importance of the Appeals process in resolving disputes            
          is also apparent because Congress, as part of the Restructuring             
          and Reform Act, directed respondent to develop alternative                  
          dispute resolution procedures.  Thus, section 7123(b) now                   
          mandates:                                                                   
                    SEC. 7123(b).  Alternative Dispute Resolution                     
               Procedures.--                                                          
                    (1)  Mediation.-- The Secretary shall prescribe                   
               procedures under which a taxpayer or the Internal                      
               Revenue Service Office of Appeals may request non-                     
               binding mediation on any issue unresolved at the                       
               conclusion of--                                                        
                         (A)  appeals procedures; * * *                               
          Respondent has now developed procedures whereby a taxpayer can              
          request mediation of factual and legal issues after settlement              
          discussions with the Appeals Office have proved unsuccessful.               
          Rev. Proc. 2002-44, 2002-2 C.B. 10; see also Rev. Proc. 2006-44,            
          2006-44 I.R.B. 800 (establishing arbitration procedures to                  
          resolve certain factual disputes).                                          






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