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OK onlinE Form 14242: What You Should Know
I am in receipt of OA requests of various types. As I have discussed with OA officials, it is important to note that, as a Federal Trade Commission (FTC) policy, the FTC will not participate in voluntary inquiries into the accuracy or reliability of tax return information. The OAB requesting the Form 14242 and 1341 form have specified that the information sought includes the tax shelter where the taxpayer is a customer (the referral), and their relationship to the taxpayer (the relationship to the taxpayer). The only information the OA sought of the individuals who received these letters was the name and address of the person who made the referral. The OAB requesting the specific information for which the IRS has an active or pending investigation is requesting the name, address and telephone number that the IRS has for that contact. IRS does not have a process for the production of the name, address and telephone number of the person(s) with whom the taxpayer is related to determine the legitimacy of the referral. Therefore, OA can request the names and addresses of all the members of the chain of command that the IRS has for the referral. As with any Form 1400 request from an OA agency, I have taken the position that it should be honored. In my view, the IRS does not provide this information at the request of OA, but rather through the voluntary provision of the forms. However, I realize that in this particular circumstance, OCT has requested the information requested by OAB. That is, it is OCT who is requesting information. I want to underscore that the Form 1400 request and the OAB letter are two pieces of information, each of which should be produced voluntarily by the taxpayers.
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