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4.90.12  Case Closing and Special Handling Procedures

4.90.12.1  (05-31-2006)
Overview

  1. This section contains specific guidelines for Federal, State and Local Governments (FSLG) personnel on how to properly close a completed examination of an FSLG entity. It includes procedures on preparing the required closing documents and how to properly assemble the case file.

  2. General case closing procedures and guidelines relating to Employment Tax returns of FSLG entities are provided on the following topics:

    1. Standard time-frames for closing cases

    2. Closing documents

    3. Related cases

    4. Cases closed on copy of return

    5. Suspense cases

    6. Case file assembly

    7. Field Manager responsibilities

    8. Audit Information Management System (AIMS) / Exempt Organization Inventory Control (EOIC) System

4.90.12.2  (05-31-2006)
AIMS Closing Documents Guidelines

  1. Examinations should generally be closed within the following established time-frames. Any delays or extended periods of inactivity must be adequately documented on the case chronology.

    1. 10 calendar days for the Specialist to close agreed or no-change examinations, starting from the date the agreement is secured or the no-change determination was made.

    2. 20 calendar days for the Specialist to close unagreed examinations, starting from final closing conference or after a closing conference was declined.

    3. 10 calendar days for the Field Manager to initial and date the case chronology after receipt from the Specialist.

  2. The case chronology should reflect the date the case is closed by the Specialist and the date the Field Manager approves the case for closure.

4.90.12.3  (05-31-2006)
Preparation of AIMS Closing Documents

  1. The Specialist is responsible for preparing the appropriate form to remove an examination case from the Masterfile (MF) or Non-Masterfile (NMF).

  2. The following forms are used to close FSLG accounts off of AIMS:

    1. Form 5599, TE/GE Examined Closing Record

    2. Form 5596, TE/GE Non-Examined Closings

4.90.12.3.1  (05-31-2006)
Form 5599, TE/GE Examined Closing Record

  1. Form 5599, TE/GE Examined Closing Record, is used for closing examined returns and surveyed claims off of AIMS at the conclusion of the examination. The form is used to close both MF and NMF accounts and is also used to update the Business Master File (BMF) with assessment and closing information. The Specialist is responsible for entering certain information on Form 5599. Refer to Exhibit 4.90.12-1 for instructions on completing Form 5599.

  2. The Specialist is generally required to determine the correct disposal code and enter the two-digit number on the appropriate line of Form 5599. An exception applies to unagreed examinations. In these cases, the CPM Staff will enter the correct code. For assistance in determining the correct disposal code, Specialists should refer to Document 11308, Government Entities Computer Systems Codes booklet. The booklet is published at the beginning of each fiscal year. Since codes may change, Specialists should refer to the most current version of the booklet to ensure the correct code is used.

4.90.12.3.2  (05-31-2006)
Form 5596, TE/GE Non-Examined Closings

  1. Form 5596, TE/GE Non-Examined Closings, is the document used to close non-examined BMF or NMF account(s) (except surveyed claims) off of AIMS. Instructions for completing the form can be found in IRM Exhibit 4.5.1-22. See IRM 4.90.9.2 for survey instructions.

4.90.12.3.3  (05-31-2006)
Deletion of AIMS Accounts

  1. In cases where an AIMS account has been established in error and the filed return has not been received, the following procedures should be followed to close the case:

    1. Form 5596 should be completed with a disposal code of 33 entered at the top of the form and block series 10 in the space provided.

    2. Form 10904, Request for Record Deletion from AIMS, should be prepared by the Specialist and approved by the Director, FSLG. If the account is in status 12 or above, the Specialist should include a statement regarding taxpayer contact.

      Note:

      For NMF accounts, the required approval of Form 10904 rests at the Field Manager level.

    3. Letter 1024 should be issued if taxpayer contact has been made.

    4. Approved Forms 10904 should be forwarded to CPM at the time of approval or included on the left side of the closed examination case file with other forms that must be forwarded to other functions.

    5. CPM will forward approved deletion requests to the AIMS Coordinator in Dallas.

4.90.12.4  (05-31-2006)
Preparation of Other Documents at Case Closing

  1. The Specialist may be required to complete other documents to ensure proper processing of the case by the TE/GE closing unit and Outreach Planning and Review functions. These include:

    • Form 2363, Master File Entity Change

    • Form 3198-A, TE/GE Special Handling Notice

    • Form 5666, TE/GE Referral Information Report

4.90.12.4.1  (05-31-2006)
Form 2363, Master File Entity Change

  1. Form 2363, Master File Entity Change, is used to establish or change Government Entity (GE) accounts on the BMF. For instructions on completing Form 2363, Specialists should refer to IRM 4.4.11.

  2. Specialists conducting an examination of an FSLG entity should complete Form 2363 to reflect any actions taken as a result of the examination. Any errors identified on a Master File entity during the examination should also be corrected using Form 2363.

  3. Common changes requiring a change to the BMF include:

    • Changes to name and address

    • Additions or deletions of an entity's filing requirements

    • Corrections to Employment Code

    Note:

    Changes to the name and address should be documented by a written request from the taxpayer, per Rev. Proc. 90-18. A governmental entity's name is generally established by statute or through incorporation; therefore a change to the name should also be accompanied by evidence that the name was legally changed, such as an amended articles of incorporation.

  4. The completed form should be placed on the left inside of the case folder. It will be pulled by CPM at which point the necessary changes will be input.

    Note:

    Form 2363 should be processed immediately during an examination in which IDRS research shows a BMF filing requirement is not currently open for a delinquent return that is being secured or a Substitute for Return that is being submitted (e.g. Form 941).

4.90.12.4.2  (05-31-2006)
Form 3198-A, TE/GE Special Handling Notice

  1. Form 3198-A should be attached to any case file requiring special handling.

  2. The following items should be appropriately noted on Form 3198-A:

    1. Cases subject to mandatory review

    2. Cases closed on the basis of an entity's retained copy of the return (See IRM 4.90.12.6)

    3. Power of Attorney processing instructions

    4. Unagreed cases with less than 240 days on the statute of limitations

    5. Agreed and no-change cases with less than 180 days remaining on the statute of limitations

    6. Compliance checks

    7. Cases requiring an entity change (Form 2363)

    8. Interest computation date, check the box and leave date field blank (Revenue Ruling 75–464 and IRM 4.23.8.3)

    9. Cases with all assessments under IRC section 3509 rates, annotate "ASEDR 5"

    10. Other special instructions regarding the case that may be helpful in the closing process

4.90.12.4.3  (05-31-2006)
Form 5666, Referral Information Report

  1. Form 5666 is used as an information report or for recommending a future year examination. Instructions for completing Form 5666 are in IRM Exhibit 4.5.1-16.

  2. The Specialist should prepare Form 5666 in cases where a subsequent year examination is warranted due to certain activities or operations disclosed during the current examination that could jeopardize the future compliance of that entity.

  3. Form 5666 is also used to transmit information discovered during the examination relative to a nongovernmental entity to other operating units within the Service.

  4. The Specialist should attach supporting documentation that provides additional details about potential non-compliance, such as Form 4632-C, news clippings, correspondence from and minutes of discussions with informants, and include any information that is available about the size of the potential problem, etc. See IRM 4.90.6.3 for additional information.

4.90.12.4.4  (05-31-2006)
Quick Assessment Procedures

  1. Quick assessment procedures must be used to process unpaid, agreed deficiency cases of $50,000 or more. Agreed deficiency cases of $50,000 or more must be manually assessed within twenty-two (22) calendar days of the received date of the signed agreement form.

    Note:

    The term "deficiency " refers to the sum of all deficiencies and penalties for any one taxpayer, for all tax periods in the case file, without regard to any offsetting overassessment.

  2. Examining Specialists must mark the box on Form 3198–A, TE/GE Special Handling Notice, for all cases with agreed unpaid deficiencies or overassessments of $50,000 or more. These forms may also be used for agreed unpaid deficiencies or overassessments of $10,000 or more.

4.90.12.5  (05-31-2006)
Procedures for Processing Related Returns

  1. Related cases generally should be closed simultaneously with the primary return.

  2. The Specialist may consider closing related cases separately, where issues are not interrelated, and separate closing(s) would avoid unnecessarily long delays in processing no-change or agreed cases.

  3. The Specialist should include copies of all materials necessary to document any adjustment(s) proposed in related case file(s) in the primary case file.

4.90.12.6  (05-31-2006)
Procedures for Closing Cases on Copy of Return

  1. All Examinations should be closed with the original return. If the original return is not available, then a copy should be secured from the taxpayer and a BRTVU print should be attached to confirm that the taxpayer's copy is accurate and concurs with the processed return (if BRTVU is not available, then BMFOLR will be sufficient).

    Note:

    A computer generated copy of a return, such as a Return Inventory and Classification System (RICS) or Tax Return Database (TRDB) generated return, is considered a "copy of the return. "

    If a copy cannot be obtained, then the Specialist should pull a BRTVU print to use as the copy of return (BMFOLR by itself is NOT sufficient to substitute for an original return or copy). If none of these are available (no original, no copy, and no BRTVU print) then, the Specialist must prepare Form 2275 (Parts A & B only) with "In Lieu of Return" written across the top and a BMFOLR attached.

  2. Whenever a copy of a return is used (copy of return provided by taxpayer or RICS/TRDB generated copy, BRTVU print, or Form 2275), Form 3198–A should identify the case file as being closed on the basis of a retained copy.

  3. The Specialist should annotate in bold print the words " Copy Secured by FSLG" in the upper margin on the face of the return copy. If a BRTVU is being used to close the case, the Specialist should annotate in red at the top of the print "BRTVU print used by FSLG."

  4. The Specialist should verify tax payments and credits claimed on the return. An IDRS transcript should be secured when necessary to determine the true liability.

4.90.12.7  (05-31-2006)
Procedures for Processing Suspense Cases

  1. Case files requiring suspension of action will normally be held in the group until such time as action on the case can resume. These will include, but are not limited to, technical advice cases.

  2. Prior to suspending the case, the group’s responsibility includes ensuring that the statute of limitations is protected for at least one year. Refer to IRM 4.90.10 and 4.23.14 for additional guidance.

  3. The group should forward a copy of the technical assistance memorandum to CPM for information and follow-up purposes.

4.90.12.8  (05-31-2006)
Case File Assembly

  1. Because further technical, administrative and procedural action on cases is sometimes required after a case is closed from the examining Specialist's inventory, it is important that the case be properly organized to assist Field Managers, reviewers, conferees, processing clerks and others who may subsequently become involved with the case.

  2. Adherence to this IRM section will provide a uniform presentation to the next level of review. Each form, report or document listed will not be required in every case. While this listing is not all-inclusive, it will cover most situations. Minor variances from the IRM may be necessary in unusual situations.

  3. The Specialist is responsible for properly assembling the case file and purging all unnecessary documents, including duplicate letters, envelopes, routing slips, etc. Any important telephone discussions or telephone numbers should be detailed on Form 5464, Case Chronology Record, or Form 9984, Case Activity Record. Once the files are properly assembled, they will be maintained in this manner throughout the closing process.

  4. Guidelines are provided on proper case file assembly for cases closed from the groups. The most commonly used forms and other documents are addressed in this section.

  5. The Specialist should adequately index all supporting documentation in the case files. Any indexing system is allowable, so long as it allows anyone unfamiliar with the case to easily locate workpapers and other important documents in the file.

  6. Refer to Exhibit 4.90.12-2 for a diagram illustrating case file assembly.

4.90.12.8.1  (05-31-2006)
Case File Folders

  1. Generally, one folder will be used for all returns of a given type for each entity.

  2. The Specialist should include in the primary case file copies of all materials necessary to document any adjustment(s) proposed in related case file(s).

  3. In most cases brown folders will be used. Red folders are used on all cases with less than 180 days remaining on the statute of limitations. Special project cases may be placed in a colored folder.

  4. Large case files may require more than one folder or may be placed in expanding folders. All folders should be labeled with the entity’s name, EIN, type of return, quarter/period and/or year. Multiple folders should be numbered (1 of 4, 2 of 4, etc.).

4.90.12.8.2  (05-31-2006)
Forms Attached to Outside of Case Folder

  1. Forms and documents that assist in the processing and closing of the case should be attached to the outside of the case folder. If there is Form(s) 5456/5457, Reviewer's Memorandum and/or Response, these forms should be on top with the following forms underneath in the order listed:

    1. Form 895, Part I and Part II, Notices of Statute Expiration

    2. Form 3198-A, TE/GE Special Handling Notice

4.90.12.8.3  (05-31-2006)
Forms Attached to Left Inside of Case Folder

  1. Reports and other information emanating from the examination, which must be forwarded to another Function or Operating Unit should be attached to the left inside of the case folder. This includes (in descending order):

    1. Form 2363, Master File Entity Change and supporting documentation

    2. Form 5666, TE/GE Referral Information Report and any attached supporting documentation, such as Form 4632-C (EP Referral Checksheet), media articles, etc.

    3. Informant's information in secured envelope

    4. Form 13385, FSLG Referral Control Sheet

    5. Case Selection Survey

    6. Market Segment Checksheet

    7. ET EOAD Summary Print -- signed by the Group Manager

    8. Current AMDISA print

    9. Computer disk, including ET/EOAD data. Multiple disks may be required. Specialists are to ensure that all computer disks are clearly labeled.

    Note:

    A Form 2363 should not be processed prior to an Appeals decision.

  2. The computer disk used for the examination should be placed in an envelope or disk sleeve and stapled to the folder which should include computer files of computer generated reports as well as workpapers developed during the examination.

4.90.12.8.4  (05-31-2006)
Forms and Other Documents Enclosed in the Case File

  1. The following forms and other documents are enclosed in the case file in descending order:

    1. Form 5599, TE/GE Examined Closing Record

    2. Taxpayer’s Protest, correspondence, a copy of the 30-day Letter, a copy of Letter 569, and/or a copy of Letter 570

    3. Waiver and Acceptance Forms (870, 2297, and 3363)

    4. Examination Report forms and draft closing letters, including those requiring a signature.

    5. Original Returns with the latest quarter/year’s return on top. This includes substitute and dummy returns. (If a copy of a return is secured, a BRTVU/RTVUE is required. The BRTVU/RTVUE should be stapled to the back of the return)

    6. Information Penalty Case File

    7. Form 4318-A (Continuation of Examination Workpapers) or Form 5773 (EP/EO Workpaper Summary Continuation Sheet). Refer to Exhibit 4.23.4-1

    8. Form 9984 (Examining Officer’s Activity Record) or Form 5464 (Case Chronology Record)

    9. Supporting Workpapers, which are indexed and numbered in concurrence with Form 4318-A

    10. Prior Examination Reports and Workpapers

    11. Miscellaneous Documents; e.g. Special Agents’ Reports, Collateral Reports

4.90.12.8.5  (05-31-2006)
Documents Attached to the Return

  1. The following form is stapled to the front of the return:

    1. Form 3244-A, Payment Posting Voucher-Examination stapled to face of return

  2. The following forms are stapled to the back of the return facing out:

    1. Form SS-10, Consent to Extend the Time to Assess Employment Taxes

    2. Form 2848, Power of Attorney

    3. Form 8821, Tax Information Authorization

    4. Form 5546, Examination Return Charge Out, or if not available, an AMDIS print

    5. Amended returns or claims (Forms 843, Claim for Refund)

    Note:

    If the amended return was received directly from the taxpayer during the examination, this should be noted on the Form 3198-A, TE/GE Special Handling Notice attached to the front of the return file.

  3. Refer to Exhibit 4.90.12-3.

4.90.12.9  (05-31-2006)
Field Manager Responsibility

  1. All completed case files must be sent through the Field Manager for closing. If a case requires action by another group or area prior to final closing, the case should be forwarded via Form 3210, Document Transmittal, directly to that area after approval by the Field Manager and the status update document is prepared for input.

  2. The Field Manager will approve the case for closing and ensure the final case grade is accurate. The Field Manager should initial and date the bottom of the Form 9984/5464 to indicate his/her review has been completed.

  3. IRC 6751 requires the Field Manager to provide written documentation of his/her involvement in any decision to assess most penalties. The written documentation can be part of the Form 9984/5464. The following penalties do not require managerial approval:

    • IRC Section 6651 (Failure to File or Failure to Pay - except where fraud is involved)

    • IRC Section 6654 (Failure to Pay Estimated Tax for Individuals)

    • IRC Section 6655 (Failure to Pay Estimated for Corporations)

    • Any other penalties automatically calculated through electronic means.

4.90.12.10  (05-31-2006)
AIMS/EOIC Group Processing Responsibilities

  1. At the time a case is closed, the group will query IDRS using the AMDISA command code to ensure that each return being closed has been placed in status 12. If a return is not in status 12, the return will be updated to 12 using the AMSTU command code. Using the AMSTU command code, a return being closed to Review should be updated to status 52. If the case is not being closed to Review, it should be updated to status 53.

  2. Once the status code of a return has been changed to 52 or 53, an AMDISA print will be made for each return reflecting the 52 or 53 status. The print will be stapled to the lower left-hand inside corner of the case file. The print should not be folded.

  3. The Management Assistant, or other authorized person, will close the return off the Exempt Organization Inventory Control (EOIC) System using the "closed case screen" . The grade of case reported on EOIC will be compared with the note attached by the Field Manager stating the grade of case. If the two do not agree, the case grade will be changed to the one indicated by the Field Manager. Form 5599, TE/GE Examined Closing Record, will be used to determine the disposal code and the number of hours spent by the Specialist on the case. The Form 3210 number will be consecutive on a basis determined by the Group. If a case is being closed to CPM Review, it should be indicated on EOIC by using "REVF" ; AIMS Processing, "APU#" ; Classification, "CLA#." The number of the appropriate AIMS Processing or Classification units is provided in the addresses on EOIC.

  4. Once the cases are closed off EOIC, Form 3210 will be printed. The cases will not transfer from a group to another unit until Form 3210 is printed. The cases transfer overnight.

  5. Form 3210 should be signed and include the originator's telephone number. Two copies of Form 3210 will be included with the closed cases and one copy will be maintained in the Group. When the acknowledgement copy of Form 3210 is received in the Group, the copy previously maintained will be destroyed.

  6. The returns and related workpapers will be sent to CPM Review, AIMS Processing, or Classification, based on management direction or local procedures. If directed by the Field Manager, the returns and related workpapers will be sent by overnight delivery service. Otherwise, the returns and related workpapers will be sent by U.S. Mail or other shipping.

4.90.12.11  (05-31-2006)
Delinquent Returns

  1. This subsection discusses the procedures for processing delinquent returns, and substitutes for returns, by FSLG Specialists.

4.90.12.11.1  (05-31-2006)
Processing Delinquent Employment Tax Returns

  1. Specialists securing delinquent employment tax returns during an examination should refer to IRM 4.23.12.3 through 4.23.12.9 and IRM 4.5.3.16 for detailed processing instructions.

  2. The Specialist will write in red on the top margin of the original return, "DELINQUENT RETURN SECURED BY TE/GE."

    Note:

    Room in the upper right corner must be left for the DLN to be entered by the Campus Center.

    All delinquent returns will be date-stamped by the securing employee. Write in red on the bottom margin of the original delinquent return, "TC 599-CC 65." Immediately forward the delinquent return for processing using Form 3210, Document Transmittal.

    Send returns secured without remittance to: Internal Revenue Service
    1973 North Rulon White Blvd.
    Ogden, UT 84404
    Send returns secured with remittance under $100,000 to: Internal Revenue Service
    1973 North Rulon White Blvd.
    Mail Stop: 1999
    Ogden, UT 84404
    Send returns secured with remittance over $100,000 to: Internal Revenue Service
    1973 North Rulon White Blvd.
    Mail Stop: 2003
    Ogden, UT 84404
    Send excise tax returns to: Internal Revenue Service
    P.O. Box 12667
    201 Rivercenter Blvd.
    Covington, KY 41019
    Send foreign tax returns to: Internal Revenue Service 11601 Roosevelt Blvd.
    Mail Stop: 3111
    Philadelphia, PA 19255

  3. The Specialist should assemble the return package according to the procedures in IRM 4.23.12.4, with one exception. If conducting an examination of the delinquent return, Form 5597, TE/GE IMF/BMF Request, should be used to establish the case on AIMS, instead of Form 5345, Examination Request Master File. The original Form 5597 should be submitted to the management assistant for input, after the Field Manager’s approval is obtained. A copy should be stapled to the inside lower left corner of the case file.

  4. The appropriate push code must be used when establishing the case on AIMS in order to hold the TC 424 at Master File until the TC 150 posts. A listing of the applicable push codes is detailed in Document 11308, Government Entities Computer Systems Codes Booklet.

  5. If multiple periods are secured, Form 3198–A, TE/GE Special Handling Notice, Form 13133, Expedite Processing Cycle, and a current IDRS transcript (within 60 days) should be attached to each return or Substitute for Return.

4.90.12.11.2  (05-31-2006)
Substitute for Employment Tax Returns

  1. Specialists securing Substitute for Employment Tax Returns should refer to IRM 4.23.12.10 and IRM 4.5.3.16.6 for detailed processing instructions.

  2. The Substitute for Return will be prepared on the return form prescribed for use in making such a return and will be processed with Form 13133, Expedite Processing Cycle, (shown below). The substitute for return will contain the following entries:

    • "Substitute for Return Prepared by TE/GE" entered in red ink on the upper margin of the face of return

    • Tax period

    • Name and address of the taxpayer

    • Employer Identification Number

    Note:

    Prepare a separate substitute for return package for each period.

  3. The substitute for return package should be sent to:

      Internal Revenue Service STOP 6054 - Batching
    1973 North Rulon White Blvd.
    Ogden, UT 84404

  4. Specialists will establish the appropriate tax periods on AIMS using Form 5597, TE/GE IMF/BMF Request.

4.90.12.11.3  (05-31-2006)
Delinquent Information Return Procedures

  1. Specialists securing delinquent Forms W-2/W-3 (and Forms W2c/W3c) should refer to IRM 4.23.8.10 and 4.23.10.14 for detailed processing instructions.

  2. Specialists securing delinquent Forms 1099 should refer to IRM 4.23.8.10.4 for detailed processing instructions. The delinquent Forms 1099 should be sent to the same address used for "returns secured without remittance " in IRM 4.90.12.11.1.

  3. Prepare Forms 5666 for recipients of delinquent Forms W-2 and/or 1099 that have high tax potential for possible income tax underreporting for investigation by SB/SE.

4.90.12.11.4  (05-31-2006)
Advanced Payments

  1. Payments of less than $100,000 secured as "Advanced Payment of Deficiency" (TC 640) - secured as part of an audit should be sent with Form 3244-A via Form 3210 to:

      Internal Revenue Service
    P.O. Box 660002
    Dallas, Texas 75266-0002

  2. Payments $100,000 and over secured as "Advanced Payment of Deficiency" (TC 640) - secured as part of an audit should be sent overnight with Form 3244-A via Form 3210 to:

      Internal Revenue Service
    1973 North Rulon White Blvd.
    Mail Stop: 2003
    Ogden, UT 84404

4.90.12.12  (05-31-2006)
Third-Party Authorization/Power of Attorney

  1. Accountants, attorneys, enrolled agents or other representatives from whom a taxpayer has requested assistance on tax problems, may submit inquiries to the Internal Revenue Service. The third party expects a reply to the inquiries so the problem can be explained to the taxpayer. To authorize this third-party reply, the representative may submit a Form 2848, Power of Attorney and Declaration of Representative, (POA), or Form 8821, Tax Information Authorization (TIA).

  2. A Specialist should forward the completed POA/TIA form to the appropriate Centralized Authorization File (CAF) unit within 10 workdays of receipt.

    1. The agent should annotate the POA/TIA form with their initials, group number, telephone number and office code.

    2. Completed Forms 2848 and 8821 can be faxed or mailed to the CAF unit. The mailing address and fax number are provided in IRM 21.3.7.5. See also IRM Exhibit 21.3.7-1 CAF Unit State Mapping Table.

      Note:

      The general rule for routing authorizations is: Taxpayer is located west of Mississippi - route to OAMC; Taxpayer is located east of Mississippi - route to MAMC; Exception: Arkansas and Louisiana to MAMC and International to PAMC.

    3. The case chronology record should be annotated to indicate that the POA/TIA form was forwarded to the CAF unit.

    4. A copy of Form 2848 or 8821 should be kept in the case file with a notation "faxed to CAF unit" and the date it was faxed.

  3. Additional information about third party authorization/power of attorney can be found in IRM 4.23.3.10 and 21.3.7.

4.90.12.13  (05-31-2006)
Third Party Contacts

  1. In general, Specialists will receive information directly from the taxpayer under examination; contacts with third parties are made when the Specialist is unable to obtain the information from the taxpayer or when it is necessary to verify the information provided by the taxpayer. The provisions of IRC 6103(k)(6) and corresponding regulations apply to all third-party contacts.

  2. In addition, for third party contacts made for the purpose of collecting or determining a tax liability, IRC 7602(c) requires the IRS to:

    1. Provide advance notice to the taxpayer that contacts may be made

    2. Periodically provide a list of all contacts to the taxpayer

    3. Provide a list of contacts to the taxpayer upon request

  3. See IRM 4.10.1.6.12.4 and 4.11.57 for definitions and additional information.

4.90.12.13.1  (05-31-2006)
Notification Procedures

  1. Before contacting third parties for any information, Specialists will issue the taxpayer a Letter 3164 (E, F or G) and document the case file.

  2. Letter 3164 can be either handed to the taxpayer or mailed to the taxpayer at the address of record. A copy must also be provided to the power of attorney.

  3. Document the case file with the date and method of service of Letter 3164.

  4. In order to allow the Post Office sufficient time to deliver the notice, third party contacts may not be made until 10 days from the date Letter 3164 was mailed. If the letter is handed to the taxpayer, contacts may be made immediately.

4.90.12.13.2  (05-31-2006)
Recording Third Party Contacts

  1. When a third party contact is made, the employee should complete Form 12175, Third Party Contact Report.

    1. See IRM 4.10.1.6.12.4.3(4) for specific requirements regarding reprisal determinations.

    2. The employee who makes a third party contact is responsible for complying with these provisions regardless of which function has control of the case.

  2. The following information should be included on Form 12175:

    1. Taxpayer TIN

    2. Name control

    3. Identification (badge) number of the employee making the contact

    4. Master File tax codes and tax periods for all periods associated with the contact

    5. Date of the contact

    6. Name of party contacted, if known. If unknown, use a descriptive term such as neighbor, business associate, etc. DO NOT include the address or telephone number of the third party.

  3. When Form 12175 is completed:

    1. Send it to the FSLG Third Party Contact Coordinator daily or as soon as possible to:Internal Revenue Service
      T:GE: FSLG:CPM
      1111 Constitution Avenue NW
      Washington, D.C. 20224

    2. Associate a copy with the case file

    3. Document the activity record to show the action was taken

4.90.12.13.3  (05-31-2006)
Authorized Third Party Contacts

  1. When a taxpayer authorizes third party contacts, complete Form 12180 and send to the Third Party Contact Coordinator.

4.90.12.14  (05-31-2006)
Specialist Referral System

  1. For returns outside the Specialists’ area of expertise, examiners should verify filing and consider managerial involvement to determine audit potential. If audit potential exists, examiners should ensure these issues are examined by a specialist or with specialist assistance. For support external to FSLG, the Specialty Referral System is required for use and is initiated by the Specialist requesting the assistance.

  2. The identification of issues outside FSLG jurisdiction and request for specialist assistance should be made as early in the examination as possible. The Field Manager’s first contact with a support group to obtain a staffing commitment is through use of the Specialist Referral System. This request should be forwarded to the appropriate area at least 60 days prior to the start of the support examination. Support Areas will normally respond to the request directly to the Primary Group within 15 calendar days of receipt.

4.90.12.14.1  (05-31-2006)
Referrals to EP

  1. As part of the package audit, specialists must determine whether or not an organization has a 403(b) and/or a 457 pension plan and whether or not there are potential compliance problems with its pension plan that warrant a referral to Employee Plans. Employee Plans developed Form 4632-C to assist FSLG specialists make this determination. If a referral is indicated or if the Specialist has a question about a pension issue, then the Specialist should contact the EP Area 403(b)/457 Coordinator to discuss the potential issue(s).

    1. If the 403(b)/457 Coordinator recommends a concurrent examination, the Specialist should complete a request for an EP Specialist using the Specialist Referral System and provide a copy of the Form 4632-C if requested. The case should not be closed until a response is received.

    2. If the EP Area 403(b)/457 Coordinator believes that a concurrent examination is not necessary but that future compliance action may be appropriate, then the Specialist should complete a Form 5666 and attach the Form 4632-C, which will be included in closed examination case file. The 403(b)/457 Coordinator's recommendation should be documented in the case file and a copy of the Form 4632-C may be used as a workpaper.

    3. If the EP Area 403(b)/457 Coordinator believes there is no or a deminimis compliance issue, then the Specialist should document the 403(b)/457 Coordinator's recommendation in the case file. The Form 4632-C may be used as a workpaper.

  2. If a referral is not warranted, then completion of Form 4632-C is not mandatory. However, Form 4632-C asks the basic questions necessary to determine whether or not a referral is warranted and a completed Form 4632-C provides documentation that the Specialist asked the appropriate questions to determine whether or not a referral is warranted. Therefore Form 4632-C can serve as an excellent workpaper related to this issue.

4.90.12.15  (05-31-2006)
Employment Tax / Examination Operational Automation Database (ET/EOAD)

  1. The Employment Tax/Examination Operational Automation Database (ET/EOAD) is a standalone menu driven Microsoft Access Database program that requires input on every closed employment tax case to identify employment tax issues considered in each.

  2. ET/EOAD Data Capture Procedures

    1. Employment Tax closed case files should include a print of the summary signed by the group manager and the data diskette generated from the ET/EOAD database. All diskettes should be labeled with the taxpayer’s name, taxpayer identification number (TIN), the return form number (Form 941 or Form 945), and period(s) of the examination.

    2. All diskettes will be removed from the case file by CPM and processed to capture ET/EOAD data.

    3. ET/EOAD data from unagreed cases forwarded for issuance of a statutory notice should not be captured until after the case closes by default or other method.

    4. ET/EOAD data from unagreed cases forwarded to Appeals should be captured prior to the case file being forwarded to Appeals.

    5. Any case requiring the inclusion of a closed case diskette that is missing these items should be returned to the originating group with a request to provide the missing item(s).

    6. Within five days after the end of the AIMS Cycle, data collected by the various ET/EOAD data collection programs will be forwarded to Headquarters using data encryption and transmission software provided for this purpose by the EOAD office.

  3. If a case is being forwarded to Appeals, the disks must remain in the case file.

4.90.12.16  (05-31-2006)
Case Selection Survey

  1. The Case Selection Survey will be completed on all RICS generated examinations and compliance checks. CPM completes Part I during classification and includes the survey in the case file. Upon completion of compliance action, the Field Specialist will complete Part II, providing as complete information as possible, and attach the survey to the left side of the closed case file. CPM will pull the survey and input results into a database. This information will be used to analyze the productivity of various RICS queries based on factors like entity type, geographic location, and size of entity.

4.90.12.17  (05-31-2006)
Market Segment Examinations

  1. The Market Segment Examination program will vary from year to year. Interim guidance will be issued to address these variations.

  2. Market Segment Examinations will be identified by CPM and controlled on AIMS and EOIC using special project codes. These examinations are generally limited to one tax year and the full range of employment tax/information reporting issues will be considered. Points to be considered include, (but are not limited to):

    1. Compensation issues

    2. Taxable fringe benefit issues

    3. Coverage issues

    4. Worker classification issues (Note: If a classification issue is raised during the examination, it must be resolved prior to closing)

    5. FICA coverage issues

    6. Medicare coverage issues

    7. Section 218 compliance

    8. FICA replacement plan issues

    9. W-4 Compliance

    10. Information return compliance

      Note:

      Historical data indicates that information return compliance will be a problem area in almost all cases.

  3. Normal examination procedures will apply.

  4. Upon closure of a Market Segment Examination, the Specialist will complete the Market Segment Program Checksheet and attach it to the left side of the case file.

  5. CPM will pull the form and input the information into a database.

Exhibit 4.90.12-1  (05-31-2006)
Instructions for Completion of Form 5599

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Reflected below are explanations for the line items on the Form 5599 that should be completed at the group level of review by the Specialist. The circled numbers correspond with the explanations on the sample Form 5599.

1 - TIN (P7-18, Form 5599) (Completed by Specialist) The Taxpayer Identification Number (TIN), i.e., EIN or SSN will be included on the audit label or must be entered in the left-most position.

2 - MFT (P21-22, Form 5599) (Completed by Specialist) The Master File Tax Code (MFT) or Non-Master File Tax Code (NMFT) must be entered. Refer to Document 11308, Government Entities Computer Systems Codes, for a complete listing of MFTs.

3 - Tax Period (P24-29, Form 5599) (Completed by Specialist) The correct tax period must be entered in YYYYMM format. For Forms 11C and 730, the beginning of the tax period must be entered.

4 - Name Control/Check Digit (P31-34, Form 5599) (Completed by Specialist)
The name control is the first four characters of the name, the last name of an individual, or the first partner for partnership returns. No spaces are used except at the end of the name control. If the last name is less than four letters, the remaining positions will be blank.
A check digit is the two alpha characters printed on the examination label that follow the tax period on the first line. If a check digit or name control does not appear on the first print line of the examination label, underline the name control on line two. If the check digit was used to establish the account, the check digit must be used at closing. Enter the check digit in positions 33 and 34.

5 - Name (Item C, Form 5599) (Completed by Specialist)
The name must appear completely and legibly. When entering the name of an individual, the last name will appear first, followed by a comma, then the first name and middle initial, if any.

Note:

The total number of characters in a taxpayer's name cannot exceed thirty-five. If it does, edit the name to reduce the length.

6 - Penalty Reason Code (Item 02, Form 5599) (Completed by Specialist)
A penalty reason code must be input when penalties are abated.

  Reason Code Definition
  21 Penalty abated due to LEM Tolerance.
  22 Taxpayer exercised ordinary business care and prudence/first time filer noncompliance. Automatic abatement of penalties due to a decrease in tax as in failure to file penalty.
  23 Relied on practitioners erroneous tax advice or relied on third party who failed to meet the requirement to file/pay/deposit.
  24 Death, serious illness or unavoidable absence in immediate family or party responsible for filing/paying/depositing (individual taxes).
  25 Records inaccessible, damaged, destroyed, or lost.
  26 Death, serious illness or unavoidable absence of party responsible for filing return (business taxes).
  27 Post office did not deliver timely or mailed to other taxing agency with extenuating circumstances/relied on erroneous data for other Federal/state agency (SSA W-2s).
  28 Disaster area.
  29 Undue economic hardship/inability to pay.
  30 Other reasonable cause.
  31 Erroneous oral advice from the Service.
  32-39 Reserved, but valid.
  40 Abatement by Appeals (Hazard).
  41 Penalty Sustained by Appeals.
  42 Partial Penalty Sustained by Appeals.
  43 Administrative Waiver.
  44 Statutory Exception.
  45 Service Error.

Note:

A reason code can also be input (but is not required) when a penalty is considered but not asserted, and when a penalty is considered for abatement, but not abated.

7 - Agreement Date (Item 08, Form 5599) (Completed by Specialist) The agreement date is the date the agreement from the taxpayer was received in the IRS office. This should be a date stamp or a handwritten date initialed by the person receiving the document.

8 - Interest Computation Date (Item 11, Form 5599) (Completed by ESS)

9 - Tax Liability Adjustment (Item 12, Form 5599) (Completed by Specialist)
Transaction code (TC) identified as "Code" on Form 5599. The "Code" must be three digits. The DOC Code for each TC placed on Form 5599 is 47. The increase in tax dollars and decrease in tax dollars may be up to 11 digits. The adjustment penalty, penalties, and interest may also be up to 11 digits.

  a. Data in the Increase or Decrease Tax Dollars, Penalties, and Interest is dependent on the DC used. For DC’s 02, 04-08, 11,13,14,16,18, and 19 these fields must be left blank.
  b. For DC’s 01,15, and 17 a TC 300 should be entered in Tax Liability Adjustment section under Code, and a zero in the Increase in Tax Dollars.
  c. DC’s 03, 09, 10, and 12, may or may not contain an entry.
  d. DC 34 must contain an entry (not zero) in the Tax Liability Adjustment decrease in Tax Dollars, unless an amount is entered in item 12 and/or Item 15, and the net amount may be a decrease in amount due. For example, there is an Increase in Dollars and Increase in a refundable credit in an amount greater than the tax increase.
  e. If DCs are 07, or 11, no Item 12 or 15 entries are allowable.

Valid TCs for Tax Adjustments on Form 5599:
  TC 300 Additional tax or deficiency assessment because of an examination of a tax return. (+)
  TC 301 Abates previously posted tax, due to an examination of a taxpayer’s return. Frequently used for claims for refund that does not involve net operating loss carry-back. (-)
  TC 304 Adjusts previously posted tentative allowance. (+) TC 295 or TC 305 must be present in the module. TC 304 amount cannot exceed the sum of the TC 295 and/or TC 305. Beginning interest computation date to be entered in Item 11 of Form 5599.
  TC305 Abatement of prior tax assessment for a tentative allowance. (-) Do not use if penalty and interest transaction codes are reflected on transcript. Beginning interest computation date to be entered in Item 11 of Form 5599.
  TC308 Additional tax assessment on employment taxes, where interest is restricted due to IRC 6205. (+) Beginning interest computation date to be entered in Item 11 of Form 5599.
  TC309 Abatement of prior tax assessment for a tentative allowance. (-) Must include a beginning interest computation date in Item 11 of Form 5599. Interest should not be computed unless the transcript contains a TC340.

Valid TCs for Penalty Adjustments on Form 5599:
  TC 160 Delinquency Penalty Increase
  TC 161 Delinquency Penalty Decrease
  TC 170 Estimated Tax Penalty Increase
  TC 171 Estimated Tax Penalty Decrease
  TC 180 Failure to Deposit Increase
  TC 181 Failure to Deposit Decrease
  TC 234 Daily Delinquency Penalty Increase
  TC 235 Daily Delinquency Penalty Decrease
  TC 320 Fraud Penalty Increase
  TC 321 Fraud Penalty Decrease
  TC 350 Negligence Penalty Increase
  TC 351 Negligence Penalty Decrease

Valid TCs for Interest Adjustments on Form 5599:
  TC 340 Restricted Interest Increase
  TC 341 Restricted Interest Decrease
  TC 770 Allowable Interest Increase
  TC 771 Netted Allowable Interest

Determination of the Tax Adjustment:

It is very important that the person closing the case accurately identify the tax adjustment. The correct tax adjustment is determined by the following formula:

CORRECTED TAX – PREVIOUSLY ADJUSTED TAX = TAX ON FORM 5599

The previously adjusted amount on the report must match the tax liability on the transcript. This tax amount from the transcript is subtracted from the corrected tax liability to arrive at the tax adjustment that will be entered in Item 12 on Form 5599.

Increases in Tax are entered in Item 12 with " +" circled

Decreases in Tax are entered in Item 12 with " -" circled

10 - Disposal Code (Item 13, Form 5599) (Completed by Specialist)One Disposal Code must be entered that best describes the examination results. Refer to Document 11308, Government Entities Computer Systems Codes, for Disposal Code definitions.

11 - Statute Extended to (Item 14, Form 5599) (Completed by Specialist)If a valid Form SS–10, Consent to Extend the Time to Assess Employment Taxes, is secured, the Statute Extended to Date must be entered in item 14. The updated statute date must be input on AIMS (by submitting Form 5595, TE/GE Update to Management Assistant), before the Form 5599 is forwarded for closure off of AIMS. Must be in "MMDDYYYY" format.

12 - Credit and Tax Computation Adjustment (Item 15, Form 5599) (Completed by the Specialist) A Credit/Item Reference Number is a three-digit code used to adjust taxpayer information according to the type of return being audited. This information should be taken from Form 4668. When making any entry in Item 15 of Form 5599 ensure that the "+" or the "-" is identified in the last column. The "+" or the "-" must be circled to ensure that the correct Reference Information or Credit Adjustment is made to the taxpayer’s account.

BMF Credit/Item Reference Nos.

Form 941: On all Form 941 series adjustments all increases and decreases in tax must use reference nos. for employment tax returns. The sum of REF nos. 003, 007, and 008 must equal the tax amount that is being adjusted.

  REF 003: Adjusted Total Income Tax Withheld
  REF 004: Taxable Social Security Wages using 3101 and 3111
  REF 007: Adjusted Total Social Security/Medicare Taxes
  REF 008: Backup Withholding (BUWH)
  REF 073: Taxable Medicare Wages and Tips using 3101 and 3111
  REF 079 Taxable Social Security and Medicare Wages using 3509 rates
  REF 184: Adjustment to Withheld Income Tax
  REF 185: Adjustment to Withheld Social Security/Medicare Tax

Form 940:All increases and decreases in tax must show reference nos. associated with the State indicated on the return. The total of the tax reference amounts must equal the tax amount that is being adjusted. If the increase or decrease in wages, a wage reference number is required.

13 - Appeals Office Code (Item 16, Form 5599) (Completed by Reviewer)If the case is going to an Appeals Office, enter the applicable three-digit Appeals Office Code. See Exhibit 4.5.2-6. and Document 6209 for Appeals Office codes.

14 - EO/GE Appeals Issue Code (Item 17, Form 5599) (Completed by Reviewer)If the case is going to an Appeals Office, enter the applicable three-digit Appeals Issue Code. See Document 11308, Government Entities Computer Systems Codes.

15 - Unagreed Amount (Item 18, Form 5599) (Completed by Reviewer)If the case is going to an Appeals Office, enter the unagreement amount.

16-20 - Revenue Base Protection Section (RBP) (Items 20-24, Form 5599) (Completed by Specialist)
Protection of the revenue base includes the work done by FSLG personnel to prevent the release of money from the Treasury to a taxpayer. Items 22, 23, and 24 are to be completed only if Revenue Base Protection applies. The most common example of RBP is the examination of a claim submitted by a taxpayer whose account has no outstanding liability for a claim that has been filed. If they disallow such claim, FSLG Specialists are expending resources to prevent the inappropriate release of money from the Treasury. We measure this valuable contribution by FSLG personnel, through the completion of the Revenue Base Protection Section of Form 5599, Items 20-24.
A claim is only considered as RBP if we are preventing money from leaving the Treasury. If an outstanding balance is due on the account, the RBP amount will not be the entire amount of the claim. A calculation must be done to determine how much of the claim qualifies as RBP. Since the taxpayer can be making payments on the outstanding liability while the examination is taking place; the Specialist must make the calculation when the examination is completed.
Not all claims are considered RBP; therefore, a claim Source Code does not have any relationship with RBP. Although the following situations are sometimes called " claims," they do not qualify as RBP:
Audit reconsideration, Source Code 73 (Taxpayer's Request), (if the tax has not been paid). FSLG received credit for this closure when it was originally closed. Therefore, if the audit reconsideration is being referred to Appeals, leave the RBP items blank and enter $1 in Item 18 to get the case through the terminal. Entering the amount of the "audit reconsideration" will cause duplicate results.

16 - Claim Rejection Date (Item 20, Form 5599) (Completed by Specialist)
(a) An entry should not be made if the service center previously allowed the claim.

IF... AND... THEN...
The claim was not previously allowed Form 2297, Waiver of Statutory Notification of Claim Disallowance, signed by the taxpayer, is in the file Enter the completion date of Form 2297 in MMDDYYYY format. Do not send a letter to the taxpayer.
  Form 2297 is not in the file Initiate the appropriate letter notifying the taxpayer that their claim has been disallowed. Enter the date of the letter in MMDDYYYY format.

(b)If a date is entered, the DC must be 01, 03, 07, 10, or 11 and the Source Code must be 30. DC 34 cannot be used. Items 21-24 are required entries for DC 01, 07, or 11. When DC 03 or 10 is used, Items 21-24 and 28 are required entries. Item 28 is needed for DC 07 or 11 if non-revenue issues are involved.

17 - Amount Claimed (Item 21, Form 5599) (Completed by Specialist)

(a) Claim or reduction of tax requested by the taxpayer. If the Source Code is 30; this item is a required entry.
(b) Forms 843, 1040X, 1120X, amended returns, or written claim requests by taxpayers are considered claims. The amount from the applicable form must be entered unless the amount is in error. For example, the taxpayer submits a claim for $1,500. In examining the claim, it is discovered that the taxpayer made a computational error and the correct amount is $2,500. A correction must be made to the Amount Claimed field on AIMS to reflect the correct amount. Claims filed during an examination after an audit report has been written are treated as claims. Protective claims are treated as claims. Oral requests for a refund made during an interview or by telephone are not claims.
(c) If the taxpayer submitted a protective claim for $1, when the correct amount of the claim is determined; AIMS should be updated using CC AMSTU to reflect the correct amount. Enter the corrected amount in Item 21 at closing.

18 - Claim Amount Disallowed (Item 22, Form 5599) (Completed by Specialist)

(a) Enter the dollar amount that was protected from leaving the revenue base (a disallowed claim amount). This amount cannot exceed the amount that is entered in Item 21 or in the amount claimed field on AIMS. An entry must not be made if the claim was allowed in full. If this item is entered, Items 20, 21, 23, and 24 are also required for DC 01. For DCs 03, 07, 10 or 11, Items 20-24 are required entries. Item 28 should be completed if non-revenue issues are also involved for DC 03, 07, 10, or 11. If Item 28 is completed, do not include the time entered in Item 23.
(b) If the claim is being referred to Appeals, enter the entire disallowed amount in this field and a negative $1 in Item 18. If the taxpayer is also protesting other issues, enter the protested amount of the other issues in item 18 and the claim amount disallowed in Item 22. See Exhibit 3-7. Claim Amount Examples, for Item 22 entries.

19 - Claim Hours (Item 23, Form 5599) (Completed by Specialist)Time spent on Revenue Base Protection, will be entered by the Specialist in whole hours only. Specialists must include any hours or fractions of hours spent on non-revenue in Item 28.

Note:

If Item 22 is entered, Items 20, 21, and 24, are also required.

20 - Claim Type (Item 24, Form 5599) (Completed by Specialist)
All Claims with examination criteria will be slotted into one of two categories for screening. The examination criteria are divided into two categories: Category A and Category B. Category A criteria are issues that do not meet potential. Category B criteria are issues that do not meet Category A criteria and have a refund of at least $200.00 or more. The allowable alpha codes identify the type of revenue base protection.

Alpha Code Definition
A Abatement of Interest Claims
B Bankrupt/Insolvent Financial Institution Claims
C Carry Back/Carry Forward Claims (Restricted Interest and Tentative Carry Back)
E Excise Taxes Claims
F FICA or Self-Employment Tax Claims
G Grants, Fellowship, or Stipend Claims
H Hardship Claims
I Injured Spouse Claims
J Joint Committee Case Claims
K Disaster Claims*
L Loss Year BMF Return Consolidation Claims
M Tax Exempt Bonds
N Non-Disaster Casualty Losses Over $10,000
O Other Claims
1) Amended Returns
2) 60-Day Statute Pending
3) Constitutional Objection to Income Tax
4) Protested Claims
P Protective Claims
Q RESERVED
R Returns for Estate or Gift Tax Claims
S Savings/Retirement/Investment Plan Distribution Claims
T Tax Treaty Claims
U RESERVED
V Vow-of-Poverty Issue Claims
W WPT Claims
X Examination Requested Immediately by Taxpayer Claims
Y Claims Involving any Terminated Year
Z RESERVED

21 - Specialist's Time (Item 28, Form 5599) (Completed by Specialist)
(a) Enter total time spent on non-revenue base protection issues for each return examined. Do not include this time in Item 23. No time should be entered for partially agreed cases.
(b) If the return has been reestablished from status 90 using CC AMSTUR or returned from Appeals using CC AMSTUB, the total time from both closings must be entered in this field.
(c) An entry is required for all examined returns and is reported in full hours and tenths of hours. The entry must be in the range 0000.1 - 9999.9.

Note:

In cases that involve protection of the Revenue Base only; all time is entered in whole hours in Item 23.


(d) The entry for cases also involving protection of the Revenue Base must only include Revenue Production Time. The protection of the Revenue Base Time is entered in whole hours in Item 23.
(e) An entry is not made for Surveyed Claims, DC 34.

22 - Examination Technique (Item 30, Form 5599) (Completed by Specialist)
An entry is required for all examined returns. No entry is made for surveyed claims. Valid codes for this item are:

  1 - Office Interview Examination
  2 - Office Correspondence Examination
  4 - Field Examination

23 - Specialist's Grade (Item 31, Form 5599) (Completed by Specialist)
Enter the two-digit grade of the Specialist who closed the case. This is a required entry for all examined returns. An entry is not required for Surveyed Claims. Valid range of grades are 05 through 14.

24 - Case Grade (Item 32, Form 5599) (Completed by the Field Manager)
(a) Field Managers determine grade of case for all returns. The Field Manager will consider both the primary and related returns to determine the grade level. The first position must be 1, the second position must be 1-3 (1 - Grade 11, 2 - Grade 12, 3 - Grade 13), the third position must be 1, and the fourth position must be blank or R. See Exhibit 4.90.12-5.
(b) The related returns are graded to be the same as the primary return, therefore, the same three-digit code is used followed by an "R." When other Specialists examine the related entities, each Field Manager grades the separate entities as separate cases and they do not enter the "R."

25 - Specialist's Name (Item 33, Form 5599) (Completed by Specialist)
This item is a required entry for all examined returns. An entry is not required for Surveyed Claims. Enter the last name first, followed by a space and the first initial.

26 - Exam Adjustment Amount (Item 34, Form 5599) (Completed by Specialist)
Exam Adjustment Amount (Item 34, Form 5599) (Completed by Specialist)

Note:

Effective 1/1/1999, this field is no longer used for delinquent returns.

27 - Delinquent Return Code (Item 37, Form 5599) (Completed by Specialist)
(a) Item 37 must always be completed when closing delinquent returns picked up during the examination and sent to the service center for processing. This entry is what gives FSLG credit for a delinquent return pick-up on Report 20.
(b) If the delinquent return is incorporated into the examination, this item must be left blank.
(c) If Item 37 is entered, Item 414 is required and Item 35 requires a $1.00 amount.
(d) Segregate the closing records of delinquent returns secured by MFT code. For each type of return included in the case file, the Specialist will:
Enter a "T" in Item 37 if there is only one delinquent return.

Note:

If there is more than one delinquent return, enter a "T" on one of the closing records in Item 37.


Enter an "R" in Item 37 on the rest of the closing records having the same MFT code as the closing record marked with a "T."
Example: Eight delinquent returns are secured from a taxpayer - Forms 941 for each quarter of 1993 and 1994 year(s). A "T " should be entered on the closing documents of the latest quarter of the Form 941 return. The balance of the closing documents are marked with an "R."

28 - Fraud Condition (Item 38, Form 5599) (Completed by Specialist)
This item may be blank or contain an entry of "C" (Civil) or "F" (Fraud).

29 - Special Project Code (Item 40, Form 5599) (Completed by Specialist)
Project Codes are used to identify a Priority Emphasis Program or a referral to Examination Division. Refer to Document 11308, Government Entities Computer Systems Codes for valid Project Codes.

30 - ARDI Code (Item 42, Form 5599) (Completed by Specialist)
(a) Enter a one-digit code in this item for an agreed deficiency under the Accounts Receivable Dollar inventory (ARDI) project. Refer to Document 11308, Government Entities Computer Systems Codes for valid ARDI Codes.
(b) When closing multiple years and an overassessment from one year will be used to offset an assessment from another year, consider the overassessment as payment secured. Full Paid or Partially Paid depends on the amount of the overassessment.
(c) The ARDI Code is valid for all FSLG MFT Codes. Valid Disposal Codes are 03, 06, 09, and 12.
Reminder: DC 05 must contain an ARDI Code if an entry is present in Item 34.

31 - Employee group Code (Item 50, Form 5599) (Completed by Specialist)
The Employee Group Code (EGC) is a four-digit code designating a specific group. An EGC is a required entry on all Examined full closures with the exception of disposal code 34 – Surveyed Claims. The following list identifies the EGC used by TE/GE:

EP Examinations 7600 through 7699
EO Examinations 7900 through 7999
GE Examinations 7200 through 7284




32 - CEP Case - Enter L (Item 400, Page 2, Form 5599) (Completed by Specialist) If the examination is a large case examination, as defined in IRM 4.90.13, an "L" should be entered. This entry is valid only in the district having primary responsibility for a large case examination.

33 - International Specialist Time (Item 402, Page 2, Form 5599) (Completed by Specialist)
Percentage of Total Case time reported in Item 28, Page 1, Form 5599.

34 - International Exam Results (Item 403, Page 2, Form 5599) (Completed by Specialist)
Percentage of Total Audit Results.
RELATED RETURN INFORMATION SECTION (Item(s) 405 – 412) Enter data from primary return.

35- Primary Return TIN (Item 405, Page 2, Form 5599) (Completed by Specialist)

36 - Primary Return MFT (Item 406, Page 2, Form 5599) (Completed by Specialist)

37- Primary Return Tax Period (Item 407, Page 2, Form 5599) (Completed by Specialist)

38 - Related Return Alpha Code (Item 408, Page 2, Form 5599) (Completed by Specialist)
P - Primary Return
S - Secondary Return

39 - Aging Reason Code (Item 410, Page 2, Form 5599) (Completed by Specialist)

40- Installment Agreement Code (Item 412, Page 2, Form 5599) (Completed by Specialist)

41 - Delinquent Return Amount (Item 414, Page 2, Form 5599) (Completed by Specialist)
(a) In order to capture accurate results when FSLG secures delinquent returns, a separate field has been initiated. Previously this amount was entered in the dual-purpose field, Item 34, Adjustment Amount. Effective January 1999, Item 34 will be used to reflect adjustments to nontaxable returns and Item 414 will be used for delinquent returns secured by FSLG.

(b) For taxable returns, the amount entered in Item 414 must reflect the balance due or refund amount per the return that was forwarded to the service center for posting of the TC 150. If this amount is zero, enter $1 in this field.
(c) For nontaxable returns, enter the amount in Item 414 of the ordinary net income/loss or special allocation items per return forwarded to the service center for posting of the TC 150. If this amount is zero, enter $1 in this field.
(d) If Item 414 is entered, Item 37, Delinquent Return Code must also be entered and vice versa.(e) If Item 414 is entered, Item 13, Disposal Code must not be 02 or 34.
(f) If there is no balance due/refund due or no change to income/loss, enter $1 in Item 414.

42 - Amended Return Amount (Item 415, Page 2, Form 5599) (Completed by Specialist)
(a) In the past, if a taxpayer filed an amended return with the service center, even if it was due to an ongoing examination, FSLG could not take credit for the adjustment. To accurately capture the Specialists' efforts, a new Item 415 has been initiated. This entry is only valid if MF shows that the examination was started before the taxpayer filed the amended return or an original return, if the TC 150 is a Substitute for Return (SFR). Enter the amount of the TC 29X that has posted to MF, if the return was filed as a result of an ongoing examination. A current transcript must be included in the case file supporting the amount entered in Item 415. The TC 42X date must be prior to the TC 29X date.
(b) For taxable returns, enter the amount of the TC 29X, less any credits posted. In most cases this is the balance/refund due.
(c) For nontaxable returns, enter the adjustment amount to income/loss.(d) Item 415 can be corrected by CC AMAXUO.

43 - Fax Agreement Ind. (Item 416, Page 2, Form 5599) (Completed by Specialist)
Enter a "1" if a FAX agreement has been received.

44- Principal Issue Codes (Item 701, Page 2, Form 5599) (Completed by Specialist)
Reference Document 11308, Government Entities Computer Systems Codes booklet for a listing.

45 - Employment Tax (Item 722, Page 2, Form 5599) (Completed by Specialist)
Enter the deficiency or overassessment.

Exhibit 4.90.12-2  (05-31-2006)
Case File Assembly

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Exhibit 4.90.12-3  (05-31-2006)
Documents Attached to the Return

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Exhibit 4.90.12-4  (05-31-2006)
Form 13133, Expedite Processing Cycle

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Exhibit 4.90.12-5  (05-31-2006)
Case Grading Criteria

FSLG Employment Tax Case Grading Criteria
Grade 13 (i) Cases with an annual total tax liability (FICA/Medicare/FIT) in excess of $499,999 (ii) Cases between $100,000 and $499,000 annual liability that meet upgrade criteria (iii) G coded taxpayers with annual compensation in excess of $1.35 Million.
Grade 12 (i) Compliance Checks(ii) Cases with an annual total tax liability (FICA/Medicare/FIT) less than $500,000 that do not meet upgrade criteria(iii) All cases with $100,000 or less annual liability

GS-12 specialists can work above grade cases for no more than 25% of their inventory (per pay period).

Field Managers should consider the case grading implications of converting a compliance check into an examination. For example, a grade 12 compliance check may be a grade 13 examination due to the taxpayer’s employment tax liability and/or the complexity of its structure.


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