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The WSD Paralegal will research IDRS to determine if any advance payment on the deficiency has been made by the taxpayer. If a payment is posted to the account, the Estate and Gift WSD Offshore Coordinator will send a request to the Campus for input of transaction code 570 on the account to the email box: *SB/SE Estate & Gift 6166, with "Offshore" in the subject line. This process ensures the payment on the account is not refunded and held until the examination is completed.
Absent a legitimate law enforcement purpose, the prosecutor should not display the accused for the media, nor should the prosecutor invite media presence during investigative actions without careful consideration of the interests of all involved, including suspects, defendants, and the public. However, a prosecutor may reasonably accommodate media requests for access to public information and events.
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If a supervisor or judge initially determines that an allegation is serious enough to warrant official investigation, reasonable measures, including possible recusal, should be instituted to ensure that the prosecution function is fairly and effectively carried out. A mere allegation of misconduct is not a sufficient basis for prosecutorial recusal, and should not deter a prosecutor from attending to the prosecutor’s duties.
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When witnesses’ attendance is required, the prosecutor should seek to reduce to a minimum the time witnesses must spend waiting at the proceedings. The prosecutor should ensure that witnesses are given notice as soon as practicable of scheduling changes which will affect their required attendance at judicial proceedings.
The prosecutor’s office should develop consistent policies and positions regarding issues that are common or recurring in the appellate process or court. The prosecutor’s office should regularly notify its prosecutors and law enforcement agents about new developments in the law or judicial decisions, and should provide regular training to such personnel on such topics.
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The DATL offer can be rejected, accepted or withdrawn by the field. Refer to IRM 4/25/9.5/4, Estate and Gift Tax Examination of DATL Case, for Estate and Gift Tax examiner procedures and IRM 4/18/2, Doubt as to Liability Offers, for closing procedures.
An informant with information regarding a possible unreported or under-reported transfer tax issue, files a Form 3949-A, Information Referral, or a letter, which is reviewed by the Fresno Submission Processing Image Control Team and routed to Campus Exam, Estate and Gift team. Upon initial review, these claims are then routed for consideration by Estate and Gift WSD. Refer to IRM 3/10/72/19, 3949-A Information Referral Program, and IRM 25/2.1/3, Classifying Whistleblower Claims.
The prosecutor should avoid an appearance of impropriety in performing the prosecution function. A prosecutor should seek out, and the prosecutor’s office should provide, supervisory advice and ethical guidance when the proper course of prosecutorial conduct seems unclear. A prosecutor who disagrees with a governing ethical rule should seek its change if appropriate, and directly challenge it if necessary, but should comply with it unless relieved by court order.
The Estate and Gift WSD Supervisory Attorney (or designee) or Estate and Gift WSD National Gatekeeper will review 10% of employee classification efforts and survey decisions to ensure selects and non-selects adhere to examination case selection policy. Such reviews will be conducted while the classifier is on-site and feedback will be provided to the classifier. The review will be documented in a memorandum or feedback form.
The prosecutor should conduct a fair evaluation of post-trial motions, determine their merit, and respond accordingly and respectfully. The prosecutor should not oppose motions at any stage without a reasonable basis for doing so.
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Classification of returns will be performed at the Campus Files locations using a team of Campus and Field Estate Tax Attorneys and managers, Transfer Tax Technicians, and Estate and Gift WSD Paralegals. The number of classifiers will vary based on the number of returns available and instructions provided by the Supervisory Attorney for Estate and Gift WSD and as authorized by the Chief, Estate and Gift and Excise Tax.
Return Preparer referrals are received from the Return Preparer Office (RPO) and are submitted to the Estate and Gift WSD Return Preparer Coordinator for review. The Return Preparer Office maintains a central depository for these referrals which may originate from other sources, including the Office of Professional Responsibility, the Lead Development Center, other Business Units and the public. Referrals from RPO may include Form 14157, Return Preparer Complaint, or a Form 14426, Return Preparer Office (RPO) Referral.
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The prosecutor should be provided with funds for qualified experts as needed for particular matters. When warranted by the responsibilities of the office, funds should be available to the prosecutor’s office to employ professional investigators and other necessary support personnel, as well as to secure access to forensic and other experts.
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The Prompt Assessment Coordinator will verify that the requirements for making a prompt assessment request are met. Refer to IRM 25/6.1/9.6/1, Request for Prompt Assessment.
To ensure fairness to each taxpayer, IRS employees do their jobs with a focus on taxpayer rights, including due process and appeal rights. The Internal Revenue Code grants taxpayers certain rights when working with the IRS, and these rights are embodied in Pub 1, Your Rights as a Taxpayer. In addition, managers and employees adhere to administrative and legislative procedures. Managerial as well as quality reviews of selection decisions occur during each phase of the selection and assignment process. IRS employees are managed and evaluated on how well they provide fair and equitable treatment of taxpayers as required by the Restructuring and Reform Act of 1998. Also, taxpayers may administratively appeal most IRS decisions, including the assessment of additional tax or penalties, the denial of a refund claim, or issuance of a lien or levy. An employee in the Office of Appeals, an independent and impartial function within the IRS, will contact the taxpayer, hear the case and decide whether to sustain the enforcement action.
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In felony cases, materials should be preserved until post-conviction litigation is concluded or time-limits have expired. In death penalty cases, information should be preserved until the penalty is carried out or is precluded.
For selected Whistleblower Type A referrals, the Estate and Gift WSD Whistleblower Type A Coordinator will send via secured email to an Estate and Gift WSD Paralegal the information necessary to establish the AIMS/ERCS record and mail the Whistleblower Type A file to the Estate and Gift WSD Paralegal for case building. The Estate and Gift WSD Paralegal will establish the case on AIMS/ERCS, including the 7882 tracking code, and case build the file. Refer to SFR procedures IRM 4/4.9/6, Substitute for Return, for establishing non-filer cases. Once the case is established on AIMS/ERCS, it will be placed on the National Inventory Wall.
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When the 706-GS (D) case is fully established on AIMS/ERCS, the Estate and Gift WSD Paralegal will place cases on the National Inventory Wall. The National Gatekeeper will fill field group orders with these cases consistent with procedures for filling orders. Refer to IRM 4/25/3.10/2, Filling Orders and Surveying Cases.
The Prompt Assessment Coordinator will confirm the statute on the gift tax returns subject to the prompt assessment request. The Prompt Assessment Coordinator will confirm the correct statute date on AIMS/ERCS.
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The Estate and Gift WSD Fed/State Coordinator will send the state return data to the Exam Case Selection Senior Tax Data Analyst to compare with available IRS data to determine if there are any non-filers or potential under-reporter cases. Any non-filer or potential under-reported leads are returned to the Estate and Gift WSD Fed/State Coordinator.
When the defense makes requests for specific information, the prosecutor should provide specific responses rather than merely a general acknowledgement of discovery obligations. Requests and responses should be tailored to the case and “boilerplate” requests and responses should be disfavored.
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For Whistleblower Type A referrals sent to the field, The National Gatekeeper will notify Group Manager receiving the referral and the Estate and Gift WSD Whistleblower Coordinator via secured email that the referral is being assigned to the field group. The secured email will include the name and taxpayer identification number of the taxpayer and the Whistleblower claim number. The Estate and Gift WSD Whistleblower Coordinator will upload this correspondence to e-Trak.
The prosecutor has a duty to defend convictions obtained after fair process. This duty is not absolute, however, and the prosecutor should temper the duty to defend with independent professional judgment and discretion. The prosecutor should not defend a conviction if the prosecutor believes the defendant is innocent or was wrongfully convicted, or that a miscarriage of justice associated with the conviction has occurred.
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It may be necessary to request that the Estate and Gift WSD Paralegal create AIMS/ERCS control before assignment. Also, if the case was previously examined and closed, it may be necessary to designate the case as "audit reconsideration", "claim for refund" or "abatement", based on the facts of the request.
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A prosecutor acting as such a media commentator should make reasonable efforts to be well-informed about the facts of the matter and the governing law. The prosecutor should not offer commentary regarding the specific merits of an ongoing criminal prosecution or investigation, except in a rare case to address a manifest injustice and the prosecutor is reasonably well-informed about the relevant facts and law.
The National Gatekeeper will notify Group Manager receiving the Whistleblower Type B referral and the Estate and Gift WSD Whistleblower Coordinator via secured email that the referral is being assigned to the field group. The secured email will include the name and taxpayer identification number of the taxpayer and the Whistleblower claim number.
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Generally, returns should be classified within 90 days of receipt from the Campus Operations Team. Classification responsibilities will be shared between the Estate and Gift Campus Operations (Campus), Estate and Gift WSD, and Estate and Gift Examination as authorized by the Chief, Estate and Gift and Excise Tax.
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The case will be marked "Expedite" to ensure priority consideration by the receiving group manager and examiner. The Estate and Gift WSD TAS POC will forward the case electronically or by mail, along with a memo to explain the issue, reason for assignment and a request for regular status updates, up to and including the final exam determination. If a case is mailed to the receiving manager, the Estate and Gift WSD TAS POC will notify the manager by email of the incoming request.
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The prosecutor may argue all reasonable inferences from the evidence in the record, unless the prosecutor knows an inference to be false. The prosecutor should, to the extent time permits, review the evidence in the record before presenting closing argument. The prosecutor should not knowingly misstate the evidence in the record, or argue inferences that the prosecutor knows have no good-faith support in the record. The prosecutor should scrupulously avoid any reference to a defendant’s decision not to testify.
Requests for Prompt Assessment of gift tax liability under IRC 6501(d) are sent from Campus to the National Gatekeeper. Refer to IRM 25/6.1/9.6/1, Request for Prompt Assessment, for procedures on prompt assessment requests.
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The Estate and Gift WSD Paralegal will establish selected cases on AIMS/ERCS, including the applicable tracking code and case build. Refer to SFR procedures IRM 4/4.9/6, Substitute for Return, for establishing non-filer cases.
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For surveyed Whistleblower Type A referrals, the Estate and Gift WSD Whistleblower Coordinator will prepare and submit the completed Form 11369, Confidential Evaluation Report on Claim for Reward, and the memorandum, by secured email to the Whistleblower Analyst at the Whistleblower Office assigned to the referral. Refer to IRM 25/2.2/4, Post Field Review, for procedures on completing and submitting the Form 11369. The original Whistleblower Type A file will be mailed to the Estate and Gift WSD Paralegal to retain for the required retention period and then destroyed. Refer to IRM 1/15/3.2, Destroying Records in the Custody of the IRS, IRM 1/15/2.6, Where can I find the Records Control Schedules, and Document 12990, Records and Information Management Records Control Schedules.
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For non-selected information referrals, the paper file will be mailed to the Estate and Gift WSD Paralegals to retain for the required retention period and then destroyed. Refer to IRM 1/15/3.2, Destroying Records in the Custody of the IRS, IRM 1/15/2.6, Where can I find the Records Control Schedules, and Document 12990, Records and Information Management Records Control Schedules.
The prosecutor’s interview of most routine or government witnesses (for example, custodians of records or law enforcement agents) should not require a third-party observer. But when the need for corroboration of an interview is reasonably anticipated, the prosecutor should be accompanied by another trusted and credible person during the interview. The prosecutor should avoid being alone with any witness who the prosecutor reasonably believes has potential or actual criminal liability, or foreseeably hostile witnesses.
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A prosecutor whose workload prevents competent representation should not accept additional matters until the workload is reduced, and should work to ensure competent representation in existing matters. A prosecutor within a supervisory structure should notify supervisors when counsel’s workload is approaching or exceeds professionally appropriate levels.
Estate and Gift Whistleblower claims determined by the Whistleblower Office to be Whistleblower Type B referrals are mailed to the Estate and Gift WSD Whistleblower Coordinator. Refer to IRM 25/2.1/3.6, Selecting a Claim.
If the research by the Estate and Gift WSD Paralegal determines an inconsistency or improper election, the Estate and Gift WSD Paralegal will notate these findings in a memorandum to the return file and order the first-to-die spouse’s estate tax return file. These documents will be reviewed by the Estate and Gift WSD DSUE Coordinator to determine whether the return should go to the field for examination of the ported DSUE amount.
If the witness is still on the stand, the prosecutor should attempt to correct the error through further examination. If the falsity remains uncorrected or is not discovered until the witness is off the stand, the prosecutor should notify the court and opposing counsel for determination of an appropriate remedy.
Identification of cases – To ensure an equitable process for all taxpayers, fairness and integrity are built into the return identification process. The primary source of cases with examination potential are filed estate (Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return) and gift (Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return) tax returns. All estate tax returns are manually classified to determine whether there are issues for examination. For gift tax returns, as well as other sources of potential cases, Estate and Gift WSD receives data. A combination of methods, including automated processes, historical data, data-driven algorithms, employee technical expertise, and third party information is used to identify cases for classification.
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The Estate Tax Attorney will notify the Estate and Gift WSD DATL Coordinator by secured email that a proposed rejected offer was sent to Technical Services for review. For Technical Services IAR procedures. See IRM 4/8.8/8.2, Independent Administrative Review Procedures for Rejected Offers.
SB/SE supports administration of tax law by selecting returns to audit. The primary objective in selecting returns for examination is to promote the highest degree of voluntary compliance on the part of taxpayers while making the most efficient use of finite examination staffing and other resources. Employees must exercise their professional judgment, not personal opinions, when making return selection decisions.
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During classification, classifiers will determine if the IRC 2032A requirements have been met. If all IRC 2032A requirements have been met and there are no other issues pending, the return may be accepted as filed at classification. The form should be stamped to indicate that it is "Accepted as Filed".
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The prosecutor should be aware, and explain to the expert, that all communications with, and documents shared with, a testifying expert may be subject to disclosure to opposing counsel. The prosecutor should be aware of expert discovery rules and act to protect confidentiality and the public interest, for example by not sharing with the expert confidences and work product that the prosecutor does not want disclosed.
When a conflict requiring recusal exists and is non-waivable, or informed consent has not been obtained, the prosecutor should recuse from further participation in the matter. The office should not go forward until a non-conflicted prosecutor, or an adequate waiver, is in place.
Effective measures to retain excellent prosecutors should be encouraged, while recognizing the benefits of some turnover. Supervisory prosecutors should select and promote personnel based on merit and expertise, without regard to partisan, personal or political factors or influence.
The Campus will send cases to the appropriate field office, accompanied by a Form 3210, Document Transmittal, indicating the number of returns included with each shipment. An AIMS status label will be attached to Form 5348, AIMS/ERCS Update, for each return.
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For selected Offshore referrals, the Estate and Gift WSD Offshore Coordinator will draft a memorandum including a summary of the facts and the issues presented to include in the file. The Estate and Gift WSD Offshore Coordinator will upload to the WSD shared drive the documentation provided with the referral. The Estate and Gift WSD Offshore Coordinator will send via secured email to an Estate and Gift WSD Paralegal the information necessary to establish the AIMS/ERCS record. The Estate and Gift WSD Paralegal will establish the case on AIMS/ERCS, including the applicable tracking code, and case build the file. Refer to SFR procedures IRM 4/4.9/6, Substitute for Returns, for establishing non-filer cases. Once the case is established on AIMS/ERCS, it will be placed on the National Inventory Wall.
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The Estate and Gift WSD Whistleblower Coordinator is responsible for informing the Whistleblower Analyst assigned to the referral when the referral has been sent to the field and the field group assigned to the referral. The Estate and Gift WSD Whistleblower Coordinator is also responsible for uploading to e-Trak all secured email exchanges with the Whistleblower Office regarding the Whistleblower referral.
IRS employees are expected to carry out their duties with integrity and fairness. Fairness and integrity, therefore, apply to how the IRS administers tax laws to all taxpayers as well as how IRS employees interact with each taxpayer and tax professional.
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To ensure an equitable process for all taxpayers, return selection decisions are made utilizing available experience and/or statistics indicating the probability of substantial error. No one individual can control the examination selection decision-making process. We limit involvement to only those employees whose duties require them to be included.
Final control over the scheduling of court appearances, hearings and trials in criminal matters should rest with the court rather than the parties. When the prosecutor is aware of facts that would affect scheduling, the prosecutor should advise the court and, if the facts are case-specific, defense counsel.
The National Gatekeeper will oversee classification sessions, assist classifiers, and answer technical and procedural questions. The National Gatekeeper is not a classifier.
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Sponsors provided anonymized data on mortality and baseline characteristics for each patient in the RCT(s) and were responsible for data monitoring, reviewing, and quality. IPD were reviewed for integrity and recoded as necessary to facilitate harmonization of variables and definitions across datasets. Previously unreported vital status data received after the approval of the SAP were included in sensitivity analyses. Institutional review board approval was not required for this IPD meta-analysis.
The Estate and Gift WSD DATL Coordinator will update AOIC remarks with withdrawal (letter or other form) effective date and date withdrawal acknowledgment letter mailed to the taxpayer, and assignment to "EG Close". For Technical Services withdrawal procedures, see IRM 4/8.8/8.3, Withdrawn Offers.
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The Campus may verify the valuation of listed and over-the-counter securities as part of the estate and gift tax returns classification process. The Campus will use the automated valuation services vendor contracted by Headquarters.
The National Gatekeeper will complete the Form 11369 and submit by secured email to the Estate and Gift WSD Whistleblower Coordinator for record retention on the WSD shared drive for record retention. Refer to IRM 1/15/3.2, Destroying Records in the Custody of the IRS and Document 12990, Records and Information Management Records Control Schedules.
The prosecutor should promote compliance by law enforcement personnel with applicable legal rules, including rules against improper bias. The prosecutor’s office should keep law enforcement personnel informed of relevant legal and legal ethics issues and developments as they relate to prosecution matters, and advise law enforcement personnel of relevant prosecution policies and procedures. Prosecutors may exercise supervision over law enforcement personnel involved in particular prosecutions when in the best interests of justice and the public.
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Global High Wealth (GHW) referrals are submitted to the Estate and Gift WSD GHW Coordinator for review. The referral must include a completed GHW Referral Form found on the and Gift Tax Program website, along with any supporting documentation. Refer to IRM 4/25/3.9/2.1, General Examination Referrals, for examples of supporting documentation.
Although claims-based observational data suffer from uncontrolled residual confounding and selection bias, the size and completeness of vital status-based analyses are valuable. Despite these contrary data from large population studies, safety in coronary trials, and established drug safety for its systemic use, the issue of risk versus benefit must be considered given the increased mortality we are reporting. Nevertheless, some patients may prefer gains in quality of life and reduced revascularization procedures even at the expense of potentially increased mortality risk. We acknowledge several important limitations of this analysis. Overall, the dataset has a limited number of events to adequately evaluate an unplanned safety endpoint. Moreover, in acceptance with US Food and Drug Administration guidance and agreement with industry collaborators, our analysis was restricted to patient-level datasets of US Food and Drug Administration–approved, commercially available PTXDs with at least 2-year follow-up as of March 2021. As such, any direct comparisons with other larger aggregate meta-analytic datasets3 are not possible. The lack of patient comorbidity data may have hindered better ascertainment of the etiology of excess mortality. The losses to follow-up and study withdrawal rates in the control and treatment arms of the RCTs evaluated in this IPD meta-analysis were 24% and 23%, respectively (Figure V in the Data Supplement). Despite aggressive efforts at reducing patient loss, approximately 10% of patients remained lost to follow-up.
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The returns that are accepted as filed will be sent to the Estate and Gift Tax group at the Campus for lien processing, as described in IRM 4/25/2.1/7, E & G Campus Procedures Establishing the IRC Section 6166 Installment Election Account and Determining Initial Qualification for Installment Election. The returns that are selected for examination will be reviewed by the National Gatekeeper as described in IRM 4/25/3.5/2, Returns Selected for Field Consideration during Classification of Filed Estate and Gift Tax Returns.
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The Coordinator will review the referral for audit potential. The spreadsheet will be updated to reflect if the referral has been selected for field review or rejected and in comments will include the reason for selection or non-selection consistent with IRM 4/25/3.4/2, Selection and Non-Selection Decisions.
If it is determined that the prosecutor should nevertheless continue to act in the matter, the prosecutor and supervisors should consider whether any disclosure to a court or defense counsel should be made, and make such disclosure if appropriate. Close cases should be resolved in favor of disclosure to the court and the defense.
If a prosecutor learns of credible and material information creating a reasonable likelihood that a defendant was wrongfully convicted or sentenced or is actually innocent, the prosecutor should comply with ABA Model Rules of Professional Conduct 3/8(g) and (h). The prosecutor’s office should develop policies and procedures to address such information, and take actions that are consistent with applicable law, rules, and the duty to pursue justice.
If the prosecutor considers an order to be significantly erroneous or prejudicial, the prosecutor should ensure that the record adequately reflects the events. The prosecutor has a right to make respectful objections and reasonable requests for reconsideration, and to seek other relief as the law permits. If a judge prohibits making an adequate objection, proffer, or record, the prosecutor may take other lawful steps to protect the public interest.
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Specialized prosecutors should receive training in their specialized areas. Individuals who will supervise attorneys or staff should receive training in how effectively to supervise.
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In filling field orders, the National Gatekeeper will give priority to selected claims for refund that are fully established on AIMS/ERCS. Refer to IRM 4/25/3.10/2, Filling Orders and Surveying Cases, for field order filling procedures.