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4.75.27  Office/Correspondence Examination Program (OCEP)

4.75.27.1  (04-01-2003)
Overview

  1. The Office/Correspondence Examination Program (OCEP) is an ongoing program in which EO examiners conduct the examination of returns either by an office interview or through correspondence.

    1. Correspondence examinations are those in which information needed to resolve the classified issues can readily be furnished by the organization through the mail.

    2. Office interview cases are those in which the issues cannot be resolved through correspondence and the examiner requests the records be reviewed in an IRS office.

  2. OCEP examinations are generally limited in scope, usually dealing with no more than three issues, and assigned to grade level GS-9 or lower examiners. However, if determined necessary, such as in the case of restrictions on travel, OCEP procedures can be applied to more complex returns examined by higher graded agents.

  3. The normal examination and closing procedures applicable to field examinations generally apply to OCEP exams. Exceptions include:

    1. The scope of the examination is limited to the issues identified by the classifier or the objective/initiative of a specific compliance project. See IRM 4.75.27.4 relative to expanding the scope of the examination, if and when it becomes necessary.

    2. The normal compliance checks contained in IRM 4.75.12 do not apply to OCEP examinations.

    3. The examiner is not required to reconstruct a "Determination File" , which includes historical data about the organization, if one is not available.

  4. OCEP procedures can apply to all EO returns. Reference to the term "organization" includes a trust, or corporation or an unincorporated association.

  5. The use of suspense files should be used to hold cases awaiting information or the date of a scheduled appointment. See IRM 4.75.27.4 for information on suspense files.

  6. See exhibit 4.75.27-1 which lists the forms and letters used in OCEP examinations.

4.75.27.2  (04-01-2003)
Selection and Classification Criteria

  1. EO returns under this program are selected either using Return Inventory Control System (RICS), or as part of a compliance project.

  2. Selection criteria includes entities with gross receipts or total assets under $100,000. However, entities exceeding these criteria may be included if the issues identified are suitable for resolution through the OCEP process.

  3. During the selection/classification process, the classifier will consider the entire return as well as possible related items not reported on the return.

  4. A classification sheet will be attached to each return identifying the classified issues.

4.75.27.3  (04-01-2003)
Compliance Projects

  1. The correspondence examination technique will generally be used, but may be converted to an office or field examination, if facts and circumstances warrant.

  2. The project issue(s) should be specified in the letters sent to the organization. The project issue(s) and objective(s) are detailed in the project's action plan.

  3. OCEP pattern letters should be used, if applicable. See Exhibit 4.75.27-1 for a listing of pattern letters and their respective titles.

  4. If the organization does not respond, the examiner will determine whether revocation or termination is appropriate. See IRM 4.75.27.8.

4.75.27.4  (04-01-2003)
General Examination Guidelines

  1. During the normal pre-examination planning, if the examiner notes questionable items on the return or has other information available prior to sending the initial letter, consideration should be given to expanding the scope of the examination.

  2. If an examination cannot be satisfactorily completed under OCEP procedures due to complexity, geographical location, etc., the group manager may change the examination technique to a field examination.

  3. Use of suspense files to hold cases awaiting information or awaiting the date of a scheduled appointment is recommended. Where available, clerical personnel should maintain these files with a purge date relating to when additional action is required. In locations where a clerk is not available, the examiner will maintain the suspense files.

  4. Due to the limited scope of the examination, the normal complince check procedures (package audit) do not apply. However, the examiner will research IDRS to verify the filing of information returns when applicable. The Payer Master File (PMF) and Information Returns Master File (IRMF) will be used to satisfy the compliance check requirements of Policy Statement P-4-4. These on-line queries will assist examiners in checking compliance with information returns filing requirements.

  5. Cancelled checks, receipts and other original records submitted by the organization during the examination will be returned as soon as possible using Letter 1020 (for correspondence and interview examinations).

  6. This letter advises the taxpayer of the examination's status, serving as well as a transmittal for returning records to the organization. If records are needed to document conclusions reached in the examination, copies should be made and the originals returned.

4.75.27.5  (04-01-2003)
Office Interview Examination Procedures

  1. An interview examination usually will take place in the examiner's office post of duty.

  2. If an interview examination is required away from the examiner's post of duty, the examiner will arrange an examination at another IRS office agreeable to both the organization and the examiner.

  3. The organization should not have to travel more than 50 miles.

4.75.27.5.1  (04-01-2003)
Initial Contact

  1. The examiner will notify the organization either by mail or telephone of the scheduled interview.

  2. A principal officer or a properly authorized representative should be informed the return is being examined and an officer or authorized representative should bring the specified records to the office at the scheduled time.

  3. Letter 1701 (office examination initial contact form letter), or a compliance project's initial contact letter will be used to:

    1. Initiate the examination, notify the organization of the time and location of the interview and the records to bring, or

    2. Confirm the appointment and records needed to conduct the examination, if initial contact was by telephone.

    Note:

    See Exhibit 4.75.27-2.

  4. Publication 1, "Your Rights As a Taxpayer" , must be included with the initial contact letter.

4.75.27.6  (04-01-2003)
Correspondence Examination Procedures

  1. The Correspondence examination technique is normally used to examine compliance project returns.

  2. The initial contact letter will be mailed to the organization. Item 1 of Form 8001, "Current Activities" , must always be a consideration when using this examination technique.

  3. Forms 8001, 8002, 8003, 8004, and 8005 are used to request information and documentation on issues identified by the classification checksheet. The following is a list of information that can be requested on these forms:

    1. Form 8001: Item 1 - Activities; Item 2 - Incomplete Return; and Item 3 - Payment for Personal Services.

    2. Form 8002: Item 4 - Specific Item(s) of Income; Item 5 - Specific Item(s) of Expenditure: and Item 6 - Specific Balance Sheet Item(s).

    3. Form 8003: Item 7 - Nonmember Income; Item 8 - Business Activities; Item 9 - Calculation of Net Investment Income; Item 10 - Minimum Investment Return Computation; Item 11 - Undistributed Income; and Item 12 - Advance Approval For Individual Grants.

    4. Form 8004: Item 13 - Private Operating Foundation Status; Item 14 - Foundation Status; Item 15 - Capital Gains or Losses; Item 16 - Final Return; and Item 17 - Organizations Described in IRC section 501(c)(19).

    5. Form 8005: Item 18 - Expenditures for Political Purposes; Item 19 - Activities Involving Influencing Legislation or Political Campaigns. and Item 20 - Other.

  4. If the case cannot be satisfactorily completed by correspondence, the group manager can convert the case to an office or field interview.

  5. The examiner will notify the organization by letter if the exam is changed to an office or field interview. (Letter 1475 is used when converting the correspondence exam to an office interview.)

4.75.27.7  (04-01-2003)
Procedures for Undeliverable Mail and Failure To Respond

  1. In order to obtain a current address the examiner will:

    1. Check all possible internal sources including the case file and the Integrated Data Retrieval System (IDRS) using the Corporate Files On-Line (CFOL) or Individual Master File On-Line (IMFOL) command codes.

    2. Check telephone directories for names and addresses of the organization and its officers, directors, or trustees.

    3. If the organization is incorporated, check state incorporation records to locate a list of officers or the name of the registered agent.

    4. If unsuccessful, use Form 4759, Address Information Request, to contact the postmaster for the most recent address.

    5. The examiner should contact their local Collection Field Function personnel for assistance in locating entities or individuals. Refer to IRM 105.3.- "Locating Taxpayers" .

  2. After all possible steps have been taken to obtain a current address, the examiner will take the following actions:

    If ... Then ...
    Able to locate Remail and follow OCEP Examination Procedures.
    Unable to locate Terminate the organization's exempt status or propose revocation.

    Note:

    To terminate the organization's exempt status follow the termination of exempt status procedures (Refer to IRM 4.75.13), and prepare Form 2363-A to update organization to status code 20.

    To propose revocation of exempt status follow the unagreed case closing procedures in IRM 4.75.15, Report Writing, and IRM 4.75.16, Case Closing Procedures.

  3. If the organization does not respond within 30 days, the examiner will contact the organization

    1. If the case is a Compliance Project, an internally drafted letter will be used.

    2. Letter 1477(DO), "Follow-up For No Response" will be used in all other cases. Letter 1477 informs the organization that if they do not respond to us in a timely fashion the Service will propose revocation.

  4. If the organization fails to respond to the follow-up letter, the examiner will attempt to contact a principal officer or authorized representative by telephone and inform him/her of possible adverse action.

  5. The failure of an organization to respond to an OCEP examination may result in revocation of the organization's exempt status. See Treas. Reg. section 1.6033-2(h)(2).

  6. Examination reports prepared for failure-to-respond cases must:

    1. Contain a list of the information that was not provided;

    2. Describe its relevance to the status involved; and

    3. Provide clear support for the conclusion that failure to substantiate the information leads to material questions as to whether the organization is entitled to continued exempt status.

  7. Established revocation procedures should be followed. See IRM 4.75.15 and IRM 4.75.16.

4.75.27.8  (04-01-2003)
Revocation versus Termination of Exempt Status

  1. IRM 7.25, the Exempt Organizations Determinations Manual, should be reviewed on issues that result in proposing revocation. If findings clearly indicate an organization does not materially meet the rules for continued exemption, revocation of the organization's exempt status is appropriate. The case file and examination report must provide clear support for this adverse action. The revocation procedures contained in IRM 4.75.15, IRM 4.75.16, and IRM 4.75.20, Final Case Closing, should be followed.

  2. If findings indicate an organization has gone out of business, termination is appropriate. See IRM 4.75.15 and IRM 4.75.16. The examiner should prepare Form 4620, Transmittal Letter - Exempt Organizations, and a drafted letter terminating the organization's exempt status as of the date of dissolution. In cases involving IRC section 170, the letter should contain a statement terminating the deductibility of contributions.

Exhibit 4.75.27-1  (04-01-2003)
OCEP Letters and Forms

LETTER/FORM TITLE
L 1020 Transmittal for Returning Records to the Organization
L. 1475 Convert from correspondence to office interview
L. 1476* EP/EO Additional Information Letter
L. 1477* Follow-up for No Response
L. 1701* Initial contact
F. 8001-8005 Enclosures referenced in L. 1701
L 3164 E Third Party Contact Letter
Pub. 1 Your Rights as a Taxpayer (mailed with initial contact letters)
*Internally drafted letters also may be used as an initial contact letter or follow-up letters.

Exhibit 4.75.27-2  (04-01-2003)
LETTER 1701 (DO)

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