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SECTION 20. HOW IS STATUS OF TAM OR TEAM REQUEST OBTAINED?

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.01 Taxpayer or the taxpayer's authorized representative may request status of a TAM or a TEAM from the field or

area office ...

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.02 National office will give status reports on TAMs and TEAMs to the director or area director, appeals.

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SECTION 21. HOW DOES THE NATIONAL OFFICE PREPARE THE TAM OR THE TEAM? ....

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.01 Delegates authority to branch chiefs and other reviewers .......

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.02 Determines whether request has been properly made.

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.03 Contacts the field or area office to discuss issues

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.04 Informs the field or area office if any matters in the request have been referred to another branch or office 101

.05 Informs the field or area office if additional information is needed....

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.06 Informs the field or area office of the tentative conclusion ....

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.07 If a tentative conclusion has not been reached, gives date estimated for tentative conclusion

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.08 Advises the field or area office if tentative conclusion is changed...

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.09 Generally does not discuss the tentative conclusion with the taxpayer

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.10 Advises the field or area office of final conclusions

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.11 If needed, requests additional information.

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.12 Requests taxpayer to send additional information to the national office and a copy to the director or area direc-

tor, appeals ...........

... 103

.13 Informs the taxpayer when requested deletions will not be made

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.14 Prepares reply in two parts

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.15 Routes replies to appropriate office

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.16 Sends a copy of reply to appropriate division counsel ....

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Operating divisions of the
Internal Revenue Service

The Internal Revenue Service includes four operating divisions that are responsible for
meeting the needs of the taxpayers they serve. These operating divisions are:

(1) Large and Mid-Size Business Division (LMSB), which generally serves corpora-
tions, S corporations, and partnerships with assets in excess of $10 million;

(2) Small Business/Self-Employed Division (SB/SE), which generally serves corpora-
tions, S corporations, and partnerships with assets less than or equal to $10 million; estates
and trusts; individuals filing an individual federal income tax return with an accompanying
Schedule C (Profit or Loss from Business (Sole Proprietorship)), Schedule E (Supplemen-
tal Income and Loss), or Schedule F (Profit or Loss from Farming), or Form 2106 (Em-
ployee Business Expenses) or Form 2106-EZ (Unreimbursed Employee Business Expenses);
and individuals with international tax returns;

(3) Wage and Investment Division (W&I), which generally serves individuals with wage
and investment income only and with no international tax returns, filing an individual fed-
eral income tax return without an accompanying Schedule C, E, or F, or Form 2106 or Form
2106-EZ; and

(4) Tax Exempt and Government Entities Division (TE/GE), which generally serves three

distinct taxpayer segments: employee plans, exempt organizations, and government enti-

ties.

Updated annually

This revenue procedure is updated annually as the second revenue procedure of the year,
but may be modified or amplified during the year.

SECTION 2. DEFINITIONS

For purposes of this revenue procedure-

(1) any reference to “director” refers to the Director, Field Operations, LMSB for the tax-
payer's industry, the Territory Manager, Field Compliance, SB/SE, or the Director, Compli-
ance, W&I, as appropriate, and their respective offices or, when appropriate, the Director,
International, LMSB, the Director, Employee Plans Examinations, the Director, Exempt Or-

ganizations Examinations, the Director, Federal, State & Local Governments, the Director, Tax Exempt Bonds, or the Director, Indian Tribal Governments, and their respective offices;

(2) any reference to “area director, appeals” refers to the Area Director, Appeals;

(3) any reference to “territory manager” refers to a territory manager, LMSB, a territory manager, compliance, SB/SE, or the Director, Compliance, W&I, as appropriate, and, includes, when appropriate, the Employee Plans Examinations Area manager, the Exempt Organizations Examinations Area manager, the Employee Plans Determinations manager, the Exempt Organizations Determinations manager, the group manager, Federal, State & Local Governments, the manager, field operations, Tax Exempt Bonds, or the group manager, Indian Tribal Governments;

(4) any reference to “area office” refers to the Appeals Area Office;

(5) any reference to “appeals officer” includes, when appropriate, the appeals team case leader;

(6) the term “taxpayer” includes any person subject to any provision of the Internal Revenue Code (including an issuer of § 103 obligations) and, when appropriate, their representatives;

(7) the term “national office” refers to the Office of Associate Chief Counsel (Corporate), the Office of Associate Chief Counsel (Financial Institutions and Products), the Office of Associate Chief Counsel (Income Tax and Accounting), the Office of Associate Chief Counsel (International), the Office of Associate Chief Counsel (Passthroughs and Special Industries), the Office of Associate Chief Counsel (Procedure and Administration), or the Office of Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities), as appropriate;

(8) the term “field” refers to field counsel, exam, or appeals personnel; and

(9) the term “field counsel” refers to any attorney with the Office of Chief Counsel who is not part of the national office or Division Counsel Headquarters.

SECTION 3. WHAT IS THE
DIFFERENCE BETWEEN
TECHNICAL ADVICE AND
TECHNICAL EXPEDITED
ADVICE?

“Technical advice” means advice or guidance in the form of a memorandum (hereinafter referred to as a TAM) furnished by the national office upon the request of a director or an area director, appeals, submitted in accordance with the provisions of this revenue procedure, in response to any technical or procedural question that develops during any proceeding on the interpretation and proper application of tax law, tax treaties, regulations, revenue rulings, notices, or other precedents published by the national office to a specific set of facts. Such proceedings include: (1) the examination of a taxpayer's return; (2) the consideration of a taxpayer's claim for refund or credit; (3) any matter under examination or in appeals pertaining to tax-exempt bonds, tax credit bonds, or mortgage credit certificates; and (4) any other matter involving a specific taxpayer under the jurisdiction of the territory manager or the area director, appeals. They also include processing and considering nondocketed cases in an area office but do not include docketed cases in which the issue involves the taxpayer (or a related taxpayer within the meaning of § 267 or a member of an affiliated group of which the taxpayer is also a member within the meaning of $ 1504) for any taxable year. If a case is docketed for an estate tax issue for a taxpayer while a request for a TAM on the same issue for the same taxpayer is pending, the national office may issue the TAM only if the appropriate appeals officer and government counsel agree, by memorandum, to the issuance of the TAM.

“Technical expedited advice” means technical advice issued in an expedited manner (hereinafter referred to as a TEAM). Subject to agreement among the taxpayer, field or area office, and the national office, any issue eligible for a TAM can be submitted for TEAM treatment. A TEAM has several characteristics that are different from a TAM, including the following: a mandatory pre-submission conference involving the taxpayer (section 11.01), (except in two situations where taxpayer concurrence is not required for TEAM procedures); in the event of a tentatively adverse conclusion to the taxpayer or the field, a conference of right will be offered to the taxpayer and the field (section 19.01); and once the conference of right is held,

Sec. 2(1)

no further conferences will be offered (section 19.04). The procedures associated with the issuance of a TEAM help expedite certain aspects of the TAM process and eliminate some of the requirements that may delay or frustrate the TAM process.

TAMs and TEAMs help Service personnel close cases and also help establish and maintain consistent technical positions throughout the Service. A director or an area director, appeals may raise an issue in any tax period, even though a TAM or TEAM may have been requested and furnished for the same or similar issue for another tax period.

Neither TAMs nor TEAMs include oral or written legal advice furnished to the field or area office, other than advice furnished pursuant to this revenue procedure. In accordance with section 16.02 of this revenue procedure, a taxpayer's request for referral of an issue to the national office for a TAM or a TEAM will not be denied merely because the national office has already provided legal advice, other than advice furnished pursuant to this revenue procedure, to the field or area office on the matter.

SECTION 4. ON WHAT
ISSUES MAY TAMs OR
TEAMs BE REQUESTED
UNDER THIS PROCEDURE?

.01 This revenue procedure applies to requests for TAMs or TEAMs on any issue under the jurisdiction of the Associate Chief Counsel (Corporate), the Associate Chief Counsel (Financial Institutions and Products), the Associate Chief Counsel (Income Tax and Accounting), the Associate Chief Counsel (International), the Associate Chief Counsel (Passthroughs and Special Industries), or the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities), and on certain issues under the jurisdiction of the Associate Chief Counsel (Procedure and Administration). See section 3 of Rev. Proc. 2003–1, this Bulletin, for a description of the principal subject matters of each office.

Issues under the jurisdiction of
the Associate Chief Counsel
(Corporate), the Associate Chief
Counsel (Financial Institutions
and Products), the Associate
Chief Counsel (Income Tax and
Accounting), the Associate Chief
Counsel (International), the
Associate Chief Counsel
(Passthroughs and Special
Industries), the Associate Chief
Counsel (Procedure and
Administration), or the Division
Counsel/Associate Chief Counsel
(Tax Exempt and Government
Entities)

Issues involving shipowners' protection and indemnity associations and certain homeowners associations

.02 The jurisdiction of the Associate Chief Counsel (Passthroughs and Special Industries) extends to TAMs and TEAMs under $ 526 (shipowners' protection and indemnity associations) and § 528 (certain homeowners associations).

SECTION 5. ON WHAT
ISSUES MUST TAMs OR
TEAMs BE REQUESTED
UNDER DIFFERENT
PROCEDURES?

Alcohol, tobacco, and firearms taxes

.01 The procedures for obtaining technical advice specifically applicable to federal alcohol, tobacco, and firearms taxes under subtitle E of the Code are currently under the jurisdiction of the Bureau of Alcohol, Tobacco and Firearms. The Homeland Security Act of 2002, Pub. L. No. 107–296, provides for the transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice and for the creation of a Tax and Trade Bureau to take over the Bureau of Alcohol, Tobacco and Firearms functions that are not transferred to the Department of Justice.

Tax exempt and government entities

.02 The procedures for obtaining a TAM or a TEAM specifically on issues under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division, are found in Rev. Proc. 2003–5, this Bulletin. The procedures under Rev. Proc. 2003–2 (this revenue

Sec. 5.02

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