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PMTA-2007-00246

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PMTA-2007-00246
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DEPARTMENT OF. THE TR£AStJRY

1N'r£RHAL Jt!!VEHt1! s EJtVl et:

WASHtNCllTCH. D.C. ~1J224









MEMORANDUM FOR NATIONAL. TAXPA'fER ADVOCATE



FROM: Eliot D. Fielding. A$sociate Chief Counsel


(enforr=ement- Litigation)




SUBJECT: Au1hcrity of Taxpayer Assistance Orders OVer Appeals





8ACKGROUND:



This responds to your request da1ed August:3, 1998, fur our opinion concsming the

extent of the Taxpayer Advocats's (TPA) a\&thority over the Office of Appeals

- (Appeals). You refet'to one partIr::War case involving a taxpayer who inQrred a

c:::a.sualty loss i n _ but decided not ft.l claim the loss until he ad11alfy incurred the

repair exp~~_a decision appare.....!!!!Lmade with.input from an IRS

appare.....!!!!Lmade

employee. On auCr~ the casJalty ross for_was di~Qwed but 1he taxpayer

was naw time-barred from efaiming ftae rass on h i s " return. The taxpayer P4id

the deffdency and submitted a daim fer reful'1dw eventually endjng up in Appeals.

The Appeajs Officer revfewmg the case recommended tf1at the deficiency be

.reduced by half, essentially sprdftng the difference Wfth the taxpayer, but was

ovenulecf by the Associate Chief at Appeals. The ta:xp~pearedat a tOecil

problem solvfng day and his case was reviewed hy tf1~Taxpayer Advocate

who believed the taxpayer shcu(d have received relief. but was not sure whether he

had authority to issue a Taxpoyer Asslstance Order (TAO) granting the reflef

sought. The ~ A was not able to coordinate the case with the Appeals

representative at the Problem Solving day because the Appeals representative at

the Problem Soivtng wa:a

.E!t.­ the same Appeals Officer who had been cvefT\Jled.

After c:cnsutting w;th ~istrid Counsel on the potential litigation hazards of the

case, the TPA dedded that it was not appropriate to force the taxpayer to litigation

because of the fow doUar amount and litigatfon risks and so resolved the problem

by foUowing the original Appeals Officers recommendation and. splitting the

difference with the taxpayer.



ISSUES:



You believe that the TI=' A has some authority over Appeals but the extent at that

authority is undear. You ask this office (1) whether the TPA's actions were pro~r

in this partiCJlar case and (2) what optfcns does the TPA have tel help taxpClyem in

2







similar situations when Appeals makes a determination with which the TPA


TPA


disagrees.




CONCLUSION:



It is our vfew 11131 tile refationship between the Office at the T~ayer Advocate and

the Office of Appeals is nat intended to be hierarchical or advers:atfaf in nature but

is instead intended to be coordinate in nature.. E:ac:h office serves as a cheek upon

the various adivitJes of the Setvfce. not as a check upon the other. E3cn pn::Mdes

administrative review and remedies for what are for the most part d"'rfferfng cfasses

at problems which 'taxpayers may encounter with cf'dferent fundions within the

Service; the Office of Appeals is oriented towards substantive. technical decisions

while the TPA is oriented towards intemaJ procedures and the pmeessing of

TPA

taxpayer disputes. That is.. Appeals generaUy sUfves to resolve tedtnic:al .

disagreements the taxpayer may haYe either with the merits of the tax or the

legality of its collection. It prcvides a AMew which ensures that 1f1e Servlce

c::ompUes with the revenue laws boffl in properly determining Ute taxpayer's Rabilfty

(a tax liability determirlation) and p",perly ~Itecting if (a a31JecBcn detennination). 1

The TPA, in ~ generally strives to resoftJe procedUral p",blems the taxpayer

may be encountering in resolving ttre CClOec:tion or setUement of the account

balance. The TPA facilitates the resolution of tmcpayer problems by ensuring that

. the taxpayer receives pro~ process-that ~ proper considet'3tion by the proper

fundioo-without suffering a significant hardship in the meanwtJile. We do net

believe that Congress intended to subject eilher ~ each of whose very

existsnce is to provide incfepenc:ient adrninistr3tiVe review and reUef. to the

. oper.ation of the other. .



Accordingly, we conclude that a TAO may not overturn or modify a tax liahffity

determination made by Appears. Nor may the TPA overturn or mocrlfy a coJlection

deteflTlination made by Appeals or act as a substitute for a caRection detennination

which should be made by Appeals. A:J we explain below, however, there w11J be

times where the changed ciraJrnstances of the ~yer may warrant the TPA's







1 We ccnsic:fer Appeals' role in the Colledion Appeal Process to be part of i1s

technical review function. A CAP review is designed to ensul'9 that the S~ce's

C::J/ledion acticm is within the b to refease property at the taxpayer le~ed upon, or

-----~-

-----~-









I

(2) to cease any action. or refrain from taking any adlcn. With respect

to the taxpayer under­



(A) chapter 64 (relating to eoOection),

.

(8) subd1apter B of anapter 70 (refating to bankruptcy and

recetv~hips),



(C) chapter 78 (relating to di:'3cavery of liability and enforcement

01 title). or .



(0) any other pnMslon of Jaw which is specificany described by

the Taxpayer Ombudsman In such order. .



As initially written, section 7811(b) did notgr:mt the Taxpayer Ombudsman the

authority tD detennine. contest or modify a taxpayer's tax liabifrty. This conclusion

fClI1aws from both the statutcfy language and ttl. legislative history. Sedfon

7811 (b) provides that a TAO may require the reiease of levies fn:xn property or the

ceasing of any adicln' taken under three enumer.ated chapters of the Code. None of

adicln'taken

the tftt'ee enumerated d1apters in concern substan1ive ~ matters. Thus, a TAO

could. under ~on 7811 (b)(2)(A). enjoin the Service trom flllng a Notfc:e of

. Federal Tax Lien (NFTLr. under section 7811 {b)(2)(B}.. enjoin the service frnm

{b)(2)(B}..

making immedlate 'as6essments; and, ffnaOy, under sedfon 7811(b}(2)(C). enjoin

the SelVice from issuing, or seeking enfon::ement of, a summons.



At the end of ttlis Ibt at specific chapters and subchap1ets, Congress placed

paragraph (2}(D) which adds to Ule list a catcttafl phrase: Wany other provision at

law which is specifically desc::nbed by the Taxpzjer Ombudsman." The catchall

phrase in section 7S11(b){2)(D) did not expand the permitted content of a TAO to

technical, or SlJbstantive, tax matters. To begin wittt. the phrase "any ather

provision of raw- cannot mean literaUy mrt provision of Jaw. If it were so read~ there

wcuJd be no reason for C:lngress-tli h3ve listed the specific previsions In

paragraphs (2)(A) ltIrough (2)(C); the enumeration would serve no purpose. In

construing statutory meanings, it is weU est:abJished that one part of a statllte

shOUld not be interpreted irl such a way as m render another part meaningless.

See Connecticut Nat'f Bank v. Gennaro, 503 U.S. 249,253,112 S.ct 11.0«;., 1149

(1992)\courts should dfs{avor Interpretations of statutes that render language

superfluous); Mountain States Telephone & T!}legrnph Co. v. etlfblo of ~;1nta Ana..

Ana..

472 U.S. 237. 249-50, 105 S.Ct. 2581,2594-95 (1985) (N'e of statutory

constnJction requires statute to be interpreted so fhat it does not render another

provision a nullity). .

- ------ --- --~---

--~-- -









5







When language in a stat1rte cannot be construed litercdly, canons of staUrtory

CQnstruction may aid in its proper intefpretatfon. ~ete. the guide for the praper

interpretation of paragraph (2)(0) is fcund in the well-settled principle that a genera)

catchall phrase which follows a specif.ic list of iteins 18 -construed to embrace only

objects similar in nature to those obj~ enumerated by the preceding sJ:]ecific

wcrd$.· 2A Sutherland. Statutory Construction (1992 ed.) § 41.17 n.4. This

principle at ejy;;dem generis is routinely us4i:d to ccnstrue statutes.. induding the

Code. ~!t..9a. United States v. Weidon, 145 F.3d 158 (3"' Cir. 1998); ~

Analysts v. I.R.S .. 117 F.3d 607 (D.D.C. 1997) (appiying ejusdem generis to

I.R.S..

construe the tsJm -data- in lAC. § 6103(b)(2)(A».



Based on mUZ'em Sener;$, 1tte catd1af1' phrase in sec::tJon 7811 (b)(2)(O) is best I





construed as beh1g limited to 'other provisigns of law IiJce the ones enumerated in

Ute statute. The c:cmmon ~ at the enumerated .statutes is that they all

~ concern the Procedl'~ by which the Servlaa detetmines and collects 1f2e taxes due

and owing. None cencem the actual. substantive defarmindan of iax. Indeed. 1tley

an f:aJ1 under subtitle F of trle Code, which is tilled "Pracedute and Admini.str"aOOn.·

Thus., the bT'eadth ofttle c:atd1aJ1 phrase in sectfon 7811(b)(2)(O) is nmited fa similar

types af statutes wiCtlin Ute Internaf Revenue Cod8p that is. statutes which govem

the process by which the Service determines 1axes 8m:! the process by which 'the

. SetVfce ooUects the taxe3 due and ewing.Z •





This interJ)retaticn bas been inc:arpotated lntO 1tle implementing regulation" Treas~

Reg. § 301.7811-1. promulgated on M4ilrctl 21, 1989, and modified on March 20,

1992. Tre3S. Reg~ § 301.7811-1(c)(1)(ii)(O) praVfdes that a TAO may address -any

other section at the Internal Revenue Code undet' 'Nflich the Internal ~evenue

$entice is takfng' or is abOut to take administr
C3USes or'Mll cause a significant hardship.~ The regulation further provides, in

subsedion (c)(3). that a TAO "WfO not be Issued to contest the merits of any tax

liability ncr is a taxpayer assistance order Intended iD be a substitute for Qr an

additi0'1 to any esf2b{ished administrative or Judicial review procedure. laS Thus. for

,





Sedion 3401 of ftJe recentty passed IRs RestzudlJring ~ Refonn Act. P.L

%

105-205 (July 22, 1998), authorizes the Offlce of Appea£s to 1'e'Jiew. upon ~

request, the appropriateness of certain pt'CpQSeC1 oolfedion actIol1$" We disoJss the

interpJay between this grant of authority and section 7811 below.



~ Subsection (cX3) at the regulation prmides ttlat"A taxpayer Cissistance order

(C:OtJtfllUed._}

5








exam~(e. if there is an 'already esta~ist1ed admirdntlve review procedure. the

TPA is not authOrized to pmvide a second substantive adrnlnistraCfve r"Mew. ncr

does tile TPA's review alter the results of any estabBshed admlnisba1ive or judicial

review pr~ure..



This interpretation at section 7811(b)(2)(C) js also supported by the legislative

history at section 7811. When enacting the original statute, Ccngress was well I



aware that the Taxpayer Ombudsman did not hC1Ye ihe authority to change a

technicat decision. Conference Report on 1he Tec:tlnlcaf and Miscelaneous

Revenue Act of 1988 (TAMRA), H.. Rep. 100-1104, at 215. There was no incfication

that Congr:ess'intended to give U1e Taxpayer Ombudsman the ability to overturn a

technical detennination of the taxpayer'!; habiDty. To the o::1n~. the only

expressed intent of the original bDJ was to give the Taxpayer Ombudsman an ability

to -require remecfic11 actions, such as refeue from levy of property c.f the taxpayer.·

.!d.

As originally wrifIen. sec:tion 7811 (b) aflowed TAOs 10 resfraln the Service from


taking advef$e adions pen~ing resolUtIon of 1he tilXpayel'$ probfem but did net


eXpti.citly authoriZe TAOs to order 1tie SSrvfce tD take positive actions to relieve


taxpayer hardship. Far exampfe. wtIDe a TAO eould require U'1e Service 11:1 forbear


filing an NFTI... it cau'd not requlre the SeM~ fD ."lease an NFTL if already tiled •


tiled•


. This gap was first remedied by administrative prac::tfc::e in Delegation Order (00)

239 (01-31--92) Which delegated to the Taxpayer Ombudsrnallr as well as to other

fundion$ (but nat to Appeals), Ute authority to issue TAOs on Issues not specifically





) (_continued)

may generally not be issued....fD enjoin an act of 1he Oflfce of Chief COUnseJ (with the

issued....

exception of ~peab)... This p~icR does n« authorize a TAO 10 modllY or. overtlJm

an Appe3Js detErmination, espedatIy since this language oomes just t:efcre 1he

language quoted in 1tle text.. The reason why a TAO would generaUy not be appropriate

to enjClin an act of Counsel is becaUse section 7811 authorizes TAOs to provide re'et

from the way the fntemaJ revenue laws'are "being administered: On the one hand.

Counsel generally does not adminlsterihe ~tutes; it instead litigates cases, provides

frtigation support to ti1e Department of Justrce, and provides advisory interpteta50ns of

the raw to both the Serva and ihe public. Appe:aIsw on "the ether hand, does administer

the law in that Appeals makes substarttive tax detenninatons and Issues notices of

deficiency. At the tfme the regutationwas wri:tten, Appeals was a part of the Offlc:e of

Chief Counsel. That is why the reguladan is warded _ it is. ThUs, while a TAO may

order Appeals ~ithin a spec:itfed time ~ to perrorm its revieW ftJrJdfon, l.R.C.

§ 7811 (b), it may not revieW or change the detemtinafion once maqe.

7





covered In sedicn 7811 but whic&'l invofved a significant hardship 1J2at the SeMc8

could relieve. Oef~on Order 235 allowed TAOs to A!.qUire pasftlve ads, such as

maJdng manual refunds or expediting ccnsideatfcn of a 1axpa~s problem.· In

1996 Congress incorporated ihis admfnisfratJve S'radfce IntlO the Taxpayer enr of

Rights If (TEOR n). P.L 104-168. mOR II revised section 1811 by renaming the

Ta:qYcIyEf Ombudsman the T~r Advocate and inc:ccporated the abcJve

administrative prndfce by adding. the 1bUowing itaJicized phrase to subsecticn (b )(2):



(2) to cease any action. fake any action as permit1ed by 18Wr or retr3in from

taJ


As with the original section 7811. n~er lf1e revised text or its fegf.sfatlYe history

suggest that a TAO would address 1he merits of a tax detennination. Fi~. as to

the text. Congress did not roodifY paragtaplts 781 ~'b)(2)(A} thmugt-. (0): Therefore

the interpretation dk:tated by the principle of ejusdem generis and incorporated into

• Treas.. Reg. § 301.7811-1 stiU appfies:. The change made ~y Congress-addtng the

phrase ~ any actIon as pennitted by law'" was induded so as fa aDew TAOs to

order the SeMce fa take posiUve adions. and not simply prevent the Service *om

taking adaMS. But the actions still had to be ones permitted by the erwr:nerclted





• 00 239 delegates to Regional Carnmis:sicnets. District and ~ Center

Directors and Assistant Dired.crs and others, fndudJng the TPA. ~e authority 10 issue

Tmcpayer Assisf:a11Ce O~en; on i$sues net specfflcatly c:oveA!d in ._ secfion 7811_. but:

which involve a significant hatc!ship tf1at the IRS can relieve.._ .• 'Nhle ibis language

may ~pear very broad. it is DO~ as cao be seen by a:m~rin9 itwith DO·No. 193 (Rev.

the

5) {8-2S-96}, whldl delegates'1I::i D~ cOmrniSmcner all of ttie Corlvnissioner's

authority to -perform any function ihe Commissioner is autfIorized tD peOOtm. • We do

peOOtm.•

not read ttle reference to sedJon 7811 in 00 239 as authorizing TAOs to modify or

rescind substantive decisions regarding'tax JiabiliHes.. MIst. to do $0 wourd aeate a

conflict between the 00 and the Trvasury Regulation which ecpflc:if1y forbids TAOs to

contest technical detenninafions.. SeCond, the DO can l'ea$Onabfy be read in harmony

with the regulation. The reference to '1ssUes not speeificaIIy cavered in ._ section 7811­

was n~ry becmse when the r1!gtJlatfon was 'Mitten section 7811 (b)(2) .afIowed

TAOs only to enjoin ads (and rel~ levies). Thus.. any issue which requited a

positive act to refieye the ~s hardship would lie oufsfde the fssues spedftcany

covered by section. 7811. ~ird. the ~pfes of issues gNen in the 00 support this

interpretation of the reference to "lSStIe'J not spedfic:aIJy covered in _. section 7811.·

All of the examples in the 00 are concerned with process; they reccgnize the TPA'S"

31..1hority to aid the taxpaye- by ensurittg 5mefy revtew by the appropriate function.

None suggest that the TPA may per1brm technical or substantive ~ .

8







statutes or any other like statute. Seccnd. as to the legislative history, the

Conference Report on TBOR. II. H. Rep.. 104-606, explains that ttae reasons for

changing 1119 law w:as that it was undear in certain situations whether the T~er

Ad'Iocate had authority to issue a TAO. The examples used in the Conference

Report all concern process issues. For example, the Report identifies one problem

as being that "'1he IRS Collection OMsian may take an enforcement action when the

taxpayer has had no actual notice of the deficienCy and is I10t affon:Ied any

opportUnity fa obtain an administrative review of the V31idity of ttle tax deficiency.­

Significant!y. the Conference Report does m!t then go on tD say that the remedy for

this pJ:'Oble",? is fer 1I1e TPA ~ provide Ute miS$ing. substantWe.admfnistrative rettiew.

Instead. the Con(entnce Report says that'wttat is expanded is the TPA"s authority

"to temporarify stay the IRS coUectfon adfon in order to allow for a review of the

appropriateness ar the proposed action." There is no indication that the TPA would

then have any authority to ovemJ'e the decision as to the appropriateness of the

O){1ectian action. What the Conference Report descnbes is 1hus 1he established

admini.:strative practice of aJlowfng TAOs both to order adverse actions stayed and


to order another fundion to affirmatively perform ills ftJnct!Gn (such as issuing or


reissuing refunds due to the taxpayer or determining the appraprfateness at a


collection action) on an expedited basis as to a particnSar taxpayer. .




Thus. based an the history of section 7811 and its ~ we do not beUeve

,that TAOs can be issued to dispute the merits of a tax determinafion or to preempt

or ovem.Jfe the resutts of an established adminisb'ative or judJdaf revfew procedure.

Inducfing the ~eaI:s pmgrams for examinafion and coJfection review. TAOs

instead can exped"rte nClrmal review processes and ottlerwfse give speciaf relief to

taxpayers caught up in a system wtiose ncmnal operating procedures cause

signific:ant hardship fur t21e taxpayer.



The most recent chapter in this legisfative story. the Restructuring and Reform Act

(RRA), reinfcrces this view. While nothing In ttle RRA diredfy affects the scope of

TAO authority under section 7811(h), two provis:~ns in the RRA illustrate

Congressional determination that·tmpayers have access to various fora within the

service to reso4ve 1heir problems and. demonstrate that for tBchnlcal determinations

Congress chose Appeals as'the p'reper forum. The first prevision, R~ § 11 02(c),

re"ises l.R..e. § 7811(a} tQ provide for greater taxpayer access to the T~ayer

Advocate's office.. The second provision. RRA § 3401, provides fer greater

haxpayer 3ccess to Appeafs. We shan briefly discuss eadt one.



First., RRA § 11 02(c) lowers the threshold for ~payers to apply for a TAO. Prior to

the RAA a taxpayer could not apply for a TAO unless sufferfng or about to stiffer a

·signiflc:ant hardship.· a term nat defined in "(he statute. The RRA beth defines

9





-significant hardship" and ajso u,pands the TPA's authority to issue TAOs to

situations where 1here is no significant hardship but "'the taxpayer meets such othef'

requirements as are set fcrth in Algulatfrms prescribed by the Secretary.· RRA

§ 1102(c). The ccnference report $Uggests that tt1e regulations are intended to be

based on principles of eqUity. so that 1he TP-" may consider tem~ relieving a

taxpayer from tf1e o~on of the internal revenue Jaws, everr when the tmepayer

Wllf suffer no significant hardoSnip. if ether principles of equity would faver reViEW of

the taxpayer's situation. Thus. although the law dearly aUsmpts 11:1 inaease the'

number ot taxpayers fer whom tbe issuance of a TAO coukf be ccnsfdered.. it does

nothing to expand the scope of a TAO and does not after or amend the 'regUlation' s

'regUlation's

prohibition against usirlg a TAO to contest the merits 01 a tax or to substitute for

established adrnini3tratlve and judldaJ review proc:essea

I

Seccnd t RRA § 3401 prevfdes t.:axpeyers ttle right to be heard befot8 the Office at

Appeals wftbin 30 days of being tald that the S«vice has fil'ed an NFn. and wfthin

30 days after being tcld 1I1at the SeMce plans to levy tt1e taxpayers property or

rights to prcperty. The OfIce 01 Appeals is charged with ensuring (1) that the

Service has camplied with appllc:abJe raws. (2) that the tDpayer has an ClppoliUnity

to raise any issue r8fevant to the ccffedfan adJon., mduding a dispute on the merib

of the liabirdy SQught to be c:cllec:;ted if the taxpayer ~QWS that a notice of

de'ffdency whk:h shoUld have been received was not actIJalJy received. and (3) that:

.the proposed collection adIcn balances 1tIe need fof efficient cc'fedion of iaxes

with the legitimate aJncems of the taxpayer that the! c:oUedion adicn be no mere

intruslve than necessary. The ~ auUtority tc ,detennlne the appropriateness

af the cclledion adfcns desaibed in sections 5220 and 6330 Is ledged in Appeals.

not the TPA- Whale the TPA is authcrt2ed to enjoln:1he filtng of NF11..s and the

service of revies, the TPA may net SO enjoin simply because Ute TPA disagrees I





TPA

with the substantive determinClticn made by Appeals. The TP A may not accomplish

indlredty what he has no authority to ac::compfish directly.



CoUedion determinations made by Appeals are, however, different tt1an tax liability

determinations in that aU the facts.necessary to determine a taxpayer's tax have

already occurred at the time the liability detennfnatfon is made, while the

ciraunst:ances which make a partradar coltectfon action appropriate at one point in

time may change. Congress reccgni:'z:ed this in section 3401 of the RRA by

providing for Appeals to retain Jurisdiction over a:JllecU
under Ulat st.rtute. In other SituaU~ however.. the.taxpayer may need the TPA's

however..

help to adjust the c:olledi
circtJmstances. Fat' example. it an fnstaUl1'1erU agreement rs terminated by the

Service under lAC. § 6159, the taxpayer ha=i the opportunity to request a hearing

in Appeals to alScuss 'tl'1e s~on. If Appeals ~ s the termination .. the TFA

termination..

10







may not overturn or A!~ that collection determination. The fact that Appeals'

has, at one point in time, sustained a termination at an installment ag. eement.

however, does not preclude the TPA from dedding whether. if the tbpayet's

clralmstances change. it would be appropriate ~ arrange far another instaRment

agreement for the taxpayer.



Taxpayers who are encountering ,diffiClJlties should be directed to the office that is

most apprcpriate far 1heir problems. tf a taxpayer has a substantive disagreement

wittI an assessed or proposed tax or With the validity of cettain proposed collection

actions, the taxpayer should be able fc obtain 'an independent adminisb-ative

judgment through Appea~ if a ~ayer is encountering problems either in

obtaining that independent judgment or in dealing with the routine or general

correction and ae:countfng processes, the taxpayer should be able to obtain the

assistance of Ute TPA who can either help the taxpayer 1hnxtgh the Problem

Resolution Program or else issue Drders tailored to the 1axpayer's circ:umstanc::es

through the TAO program if the taxpayer is suffenng a sfgntftcant hardshfp or meets

such other requirements as may be written in the regulations to justify special

processing.



We recognize" hawever. that the TPA may not always agree with a technJcaJ I



determination made by Appeals or by another 1lmdfon. In such cases the TF'A can

another1lmdfon.

, stop enfcrced collectmn activity pending a review by the appropriate function to

ef1Sure that tf\e Servfce has c::omprted with all lega and procedural requirements.

The T?A can thus facilitate the administrative revieW process to ensure compliance

with the letter and Jittent of the tax Jaws while not itself assumlng the role of

decision-maker as weil as facirdator. .



The ca$e whid1 prompted your request for adVice serves as an example. The

taxpayer here secured an independent administrative l'e'liew of his proposed tax

liability from Appeals. It was not for the TPA. however, to overrule Appeals'

decision as to the taxpaye~s Rability. Not' was it far counsel to do so, since the

case was still under the jurisdidfon 01 Appeals.. Neither tf1e TPA nor Counsel had

the authority to compromise or settie 1he case.. This does not mean tf1at the TPA

could not aid the taxpayer through the TAO program, however, assuming the

TPA

taxpayet met the TAO program requirements.. The TPA could. for exampCe. (1)

have requested AppeaJs to reconsider or, in appropriate circumstances, elevate the

matter up the chain of command" or (2) arranged fer the taxpayer to submit an offer

TPA

in compromise, if the TPA detenninated that was the appropriate relief.

;









11







We we re hap py to ass ist you in

this ma tter and hop e this me mo

add res s you r que stio ns and con ran dum adequat~y

cerns. rf you hav e any qU est iClM

ple ase con tac t eith er Law ren ce or comments.

202 .a2 2-3 630 . or

H. Sch attn er Bryan T. Camp of 1his offi ce, at





cc: Off ice of AppeaJs


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