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30.3.2  Delegations of Authority and Designations

30.3.2.1  (07-21-2005)
Delegations of Authority to and Functions of Deputies Chief Counsel, Counsel to the National Taxpayer Advocate, Special Counsel and National Counsel

  1. This section sets forth the authority delegated to and the functions of the Deputies Chief Counsel, the Counsel to the National Taxpayer Advocate, the Special Counsel (Legislation), and the National Counsel (Special Projects), as depicted on the organizational chart in Exhibit 30.3.2-1.

30.3.2.1.1  (07-21-2005)
Deputies Chief Counsel

  1. Except for those functions or duties which by law must be performed by the Chief Counsel only, all authority delegated to the Chief Counsel is redelegated to the Deputies Chief Counsel for matters and persons under their jurisdiction, subject to the Chief Counsel's continuing supervision, control, and review as required, which includes, but is not limited to, the following:

    1. As assigned, to perform the functions of the Chief Counsel in the absence of the Chief Counsel

    2. To represent the Chief Counsel in the development of policies governing the Office of Chief Counsel

    3. To direct, supervise, and evaluate the work of the Division Counsel and Associates Chief Counsel

    4. To sign pocket commissions in his or her own name and issue them to employees under his or her supervision, as necessary

    5. To perform such additional duties as may, from time to time, be assigned by the Chief Counsel

  2. The Deputy Chief Counsel (Operations) serves as the principal deputy to the Chief Counsel. The Deputy Chief Counsel (Operations) acts as the Chief Counsel when the office of Chief Counsel is vacant, and, when so acting, may perform all the functions or duties of the Chief Counsel, including any functions or duties that by law must be performed by the Chief Counsel personally.

  3. The provisions of CCDM 30.3.2.1.1.1 and CCDM 30.3.2.1.1.2 describe the areas of focus of the two Deputies. Notwithstanding these assignments of areas of focus, each Deputy Chief Counsel may, as he or she deems appropriate, participate in and direct any activities that are subject to the overall supervision of the Chief Counsel.

30.3.2.1.1.1  (06-11-2008)
Deputy Chief Counsel (Operations)

  1. The Deputy Chief Counsel (Operations) supervises the Division Counsel (Large & Mid-Size Business), the Division Counsel (Small Business/Self Employed), the Division Counsel (Wage & Investment), the Division Counsel/Associate Chief Counsel (Criminal Tax), the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities), the Associate Chief Counsel (Finance and Management), the Associate Chief Counsel (General Legal Services), and the Associate Chief Counsel (Procedure & Administration).

  2. The Deputy Chief Counsel (Operations) maintains jurisdiction over issues arising in litigation nationwide and has primary responsibility for matters involving management of the Office of Chief Counsel. The Deputy Chief Counsel (Operations) performs any additional duties assigned by the Chief Counsel.

  3. The Deputy Chief Counsel (Operations) is chiefly responsible for the following additional activities:

    1. To serve as liaison to the staffs of the General Counsel and the Commissioner as to matters identified in the previous paragraph

    2. To plan, direct, and coordinate the administrative and management policies and programs of the Office

    3. To participate in the formulation of tax litigation policy

30.3.2.1.1.2  (06-11-2008)
Deputy Chief Counsel (Technical)

  1. The Deputy Chief Counsel (Technical) supervises the Associate Chief Counsel (Corporate), the Associate Chief Counsel (Financial Institutions & Products), the Associate Chief Counsel (Income Tax Accounting), the Associate Chief Counsel (International), and the Associate Chief Counsel (Passthroughs & Special Industries).

  2. The Deputy Chief Counsel (Technical) maintains jurisdiction over legal issues arising in published guidance, letter rulings, technical advice, and other processes where the National Office has historically played a primary role. The Deputy Chief Counsel (Technical) performs any additional duties assigned by the Chief Counsel.

  3. The Deputy Chief Counsel (Technical) is chiefly responsible for the following additional activities:

    1. To serve as liaison to the staffs of the General Counsel and the Commissioner as to matters identified in the previous paragraph

    2. To participate in the interpretation and development of internal revenue laws

30.3.2.1.2  (07-21-2005)
Counsel to the National Taxpayer Advocate

  1. The Counsel to the National Taxpayer Advocate (CNTA) reports to, and is supervised by, the Chief Counsel. The CNTA provides legal advice and support directly to the National Taxpayer Advocate and the Taxpayer Advocate Service to assist that office in fulfilling its mission and responsibilities as set forth in the Internal Revenue Service Restructuring and Reform Act of 1998. The CNTA is responsible for coordinating all legal and advisory services to the Taxpayer Advocate Service field offices. As there is no field component to the Office of the CNTA, the Office of the Division Counsel (Small Business/Self Employed) assists in providing legal advice and support to the Taxpayer Advocate Service field offices, as depicted on the organizational chart in Exhibit 30.3.2-2.

  2. The CNTA is responsible for matters that require interpretation of the provisions of IRC §§ 7803(c) and 7811, matters that raise questions regarding the functional authority delegated to the National Taxpayer Advocate and the Taxpayer Advocate Service, and any other issue that relates specifically to the Taxpayer Advocate Service organization.

  3. Functions within the CNTA include:

    1. Providing legal support to the Office of the National Taxpayer Advocate, including the National Taxpayer Advocate (NTA), the Deputy National Taxpayer Advocate, and the staff of program managers that coordinate budget, personnel, communications, and equal employment opportunity issues, as well as a staff that works on significant and/or complex taxpayer cases.

    2. Providing legal support to the Taxpayer Advocate Service with respect to legal issues involving: the scope of the statutory or delegated authorities; the formulation and completion of the National Taxpayer Advocate's Annual Report to Congress; and Taxpayer Advocate Directives.

    3. Ensuring that the Office of Chief Counsel provides optimal legal support to the NTA in fulfilling the objectives of the Internal Revenue Service Restructuring and Reform Act of 1998 as they relate to that office.

    4. Serving as a central point of contact for all questions and issues relating to the role of the Office in providing legal support to the NTA, including the review of incoming requests for assistance from the NTA, identification, and prioritization of legal issues, and coordinating a response.

    5. Advising the Chief Counsel on short and long range legal support needs of the NTA as related to NTA program objectives, including developments or issues requiring the direct intervention of the Chief Counsel or Deputies Chief Counsel.

    6. Advising the NTA of legislative proposals or Counsel issuances with potential impact on the NTA program.

    7. Where permitted, coordinating the participation of the Office in the development of reports and studies involving the NTA program for Treasury, Congress, and oversight bodies and overseeing compilation of data necessary for such participation.

    8. Identifying for the NTA areas where guidance or legislation would be beneficial to taxpayers or tax administration.

    9. Supervising a staff of attorneys and legal and clerical support personnel; assigning and reviewing work; and proposing and effecting disciplinary action where appropriate.

30.3.2.1.3  (06-11-2008)
Special Counsel to the Chief Counsel (Legislation)

  1. The Special Counsel to the Chief Counsel (Legislation) reports to, and is supervised by, the Chief Counsel.

  2. The Special Counsel (Legislation) serves as program manager and senior advisor to the Chief Counsel on a broad array of activities designed to fulfill Counsel’s responsibilities to prepare, review, and assist in the preparation of proposed legislation, and to provide legal support to the IRS in fulfilling its legislative responsibilities. The Special Counsel (Legislation) makes recommendations to the Chief Counsel on staffing and other resource allocations for legislative matters; and keeps Counsel executives apprised of legislative matters.

  3. The Special Counsel (Legislation) leads, coordinates and facilitates the legislative activities of all offices of Chief Counsel, including forming teams of attorneys from various offices of Counsel to participate on an as needed basis in legislative activity.

  4. The Special Counsel (Legislation) assists in the preparation and drafting of testimony for congressional hearings with respect to legislative matters, and serves as Counsel’s principal representative in:

    1. Coordinating and tracking the implementation of newly enacted tax legislation with respect to items assigned to Chief Counsel

    2. Coordinating GAO and TIGTA matters within the Office of Chief Counsel;

    3. Tracking congressional correspondence and assuring prompt response from Counsel offices

    4. The development of measures to assess operational improvements in the performance of IRS’ and Counsel’s legislative responsibilities

30.3.2.1.4  (06-11-2008)
National Counsel (Special Projects)

  1. The National Counsel (Special Projects) reports to, and is supervised by, the Chief Counsel. The National Counsel (Special Projects) is responsible for performing duties as assigned by the Chief Counsel. These duties may include advising the Chief Counsel or the Deputy Chief Counsel regarding the formulation of policy or the management of the legal programs of the Office.

30.3.2.2  (07-21-2005)
Delegations of Authority to Associates Chief Counsel and Division Counsel Generally

  1. This sub-section sets forth authority delegated to all Associates Chief Counsel and Division Counsel. Functional statements and delegations of authority specific to each Associate Chief Counsel and Division Counsel are set forth in CCDM 30.3.2.3 and CCDM 30.3.2.5.

30.3.2.2.1  (07-21-2005)
Delegations of Authority to Both Associates Chief Counsel and Division Counsel

  1. This sub-section sets forth delegations of authority common to both Associates Chief Counsel and Division Counsel.

30.3.2.2.1.1  (03-28-2006)
Personnel Actions

  1. Each Associate Chief Counsel and Division Counsel is delegated the authority to supervise and evaluate the work of all officers and employees who are performing duties and functions under his or her jurisdiction and supervision, and to take or recommend (as appropriate under Office policy and procedures) the necessary action in all personnel matters pertaining thereto, including those for the appointment, classification, promotion, demotion, reassignment, transfer or separation of such officers and employees, including to recommend personnel actions respecting personnel in the function, to approve annual performance appraisal ratings of outstanding or equivalent, and to take necessary disciplinary or adverse action with respect to employees in the function.

  2. This authority excludes appointments above GS-15, promotions, demotions, or separations to or from the Senior Executive Service (SES), and reassignment of SES members and is otherwise subject to the following exceptions and conditions.

    1. The discharge of attorney personnel for conduct violations of the standards described in CCDM 39.1.1.3, Employee Conduct and Ethics ( http://publish.no.irs.gov/getpdf.cgi?catnum=29354) requires the prior approval of the Deputy Chief Counsel (Operations) or the Associate Chief Counsel (Finance & Management).

    2. Concurrence is required for a nondischarge action on a GS-15 employee by the Deputy Chief Counsel (Operations) or the Associate Chief Counsel (F&M).

    3. All disciplinary or adverse action shall be taken only after consulting and receiving guidance from the Office of Associate Chief Counsel (F&M), Labor and Employee Relations Division.

    4. A copy of documents effecting disciplinary or adverse actions against employees at GS-14 and below that do not require prior approval or concurrence must be provided to the Associate Chief Counsel (F&M).

  3. The authority to effect any disciplinary or adverse actions granted herein to Associates Chief Counsel and Division Counsel is also delegated to Assistants Chief Counsel in the Offices of Associate Chief Counsel (Procedure & Administration) and (Tax Exempt & Government Entities) for actions proposed by subordinates to them.

  4. The authority to effect disciplinary actions, but not adverse actions, may be redelegated. First-line supervisors may propose disciplinary or adverse actions.

30.3.2.2.1.2  (07-21-2005)
Other Personnel Matters

  1. Each Associate Chief Counsel and Division Counsel is authorized to perform the following duties and functions:

    1. To administer the oath of office or any other oath required by law in connection with employment in the Federal service.

    2. Except when doing so would change the basic rate of pay, to prescribe the official hours of duty for his or her function and, when necessitated by operating requirements, to establish an administrative workweek of five 8-hour days other than Monday through Friday for individual employees or groups of employees whose services are required on Saturday or Sunday or both, and to establish tours of duty for educational purposes. The exercise of authority to change tours of duty for employees must be in compliance with statute, regulation, and any applicable Treasury Department policy. See 5 U.S.C. § 6101.

    3. To approve leave (including approval of the correction of administrative errors and determination that a period of sickness or injury interfered with the use of scheduled annual leave), charge absence without leave for unauthorized absences, authorize brief absences from duty without charge to leave or loss of pay, for individual employees under their supervision and control in accordance with applicable statutes, executive orders, regulations and policies.

    4. To order or approve the performance of overtime duty for all employees under his or her supervision for which compensatory time off shall be provided for incumbents of exempt positions under the Fair Labor Standards and for which overtime pay shall be provided for incumbents of nonexempt positions under the Fair Labor Standards (provided funds are available for such duty). Non-exempt employees may also elect to receive compensatory time off for overtime worked.

    5. To order or approve the performance of work on holidays for all employees under his or her supervision provided funds are available for such duty.

    6. To sign in their own names pocket commissions to be issued to attorneys under his or her supervision.

30.3.2.2.1.3  (10-19-2006)
Travel, Relocation, and Related Matters

  1. Each Associate Chief Counsel and Division Counsel is delegated the following authorities with respect to travel being performed by employees under his or her supervision and control under the General Travel Order:

    1. To direct official travel and approve advances and travel vouchers for reimbursement of expenses, including non-workday travel, under the Federal Travel Regulation and Treasury and Service travel and relocation guidance; which is redelegated through Division Counsel and Associate Chief Counsel to the supervisory level for official domestic travel. No employee of the Office of Chief Counsel may approve his or her own travel or his or her own travel voucher or otherwise approve the use of travel authorities as applied to him or her.

    2. To authorize reimbursement for subsistence on an actual expense basis under circumstances and conditions permitted by the Federal Travel Regulation and Service travel and relocation guidance, which is redelegated to Assistant Chief Counsel and Area Counsel;

    3. To authorize or approve the use of cash to procure emergency passenger transportation services, which may be redelegated in writing to Assistants Chief Counsel and Area Counsel.

    4. To authorize travel and transportation payment for emergency purposes under the Federal Travel Regulation and Service travel and relocation guidance, which is redelegated to Area Counsel.

  2. The authority delegated to Division Counsel and Associate Chief Counsel to authorize travel not at Government expense under Commissioner Delegation Order 189 is also delegated to Assistants Chief Counsel and Area Counsel. Delegates should assure that Counsel participants comply with the Office's public speaking directives.

  3. The authority to authorize the attendance of employees at meetings of scientific or professional societies; municipal, state, federal, or international organizations; Congress; and law enforcement or other groups; and to authorize or approve attendance of employees at meetings held by employee groups, organizations, or associations is delegated to Division Counsel and Associate Chief Counsel. This authority may be redelegated in writing no lower than to Assistants Chief Counsel and Area Counsel.

  4. The authority to direct official travel and approve travel vouchers for an expert or consultant who is paid on a daily when actually-employed basis and an individual serving without pay or at $1 per year under 5 U.S.C. § 5703, under the circumstances and conditions described in the Federal Travel Regulation and Service travel and relocation guidance is delegated to Associates Chief Counsel and Division Counsel. This authority may be redelegated in writing to Area Counsel.

  5. The authority to approve travel vouchers of Associates Chief Counsel and Division Counsel is delegated to the Associate Chief Counsel (Finance and Management). This authority may not be redelegated. The travel vouchers of the Associate Chief Counsel (F&M) will be approved at the Deputy Chief Counsel level.

30.3.2.2.1.4  (07-21-2005)
Signature Authority

  1. Each Associate Chief Counsel is authorized to sign on behalf of the Chief Counsel by use of the "by-line" or in his or her own name as Associate Chief Counsel correspondence and other papers pertaining to the functions of his or her office and which are considered in the course of his or her official duties.

  2. This authority is redelegated to Assistants Chief Counsel in the Office of Associate Chief Counsel (Procedure & Administration) and Division Counsel/Associate Chief Counsel (Tax Exempt & Government Entities). This authority may be redelegated by the Associate Chief Counsel (General Legal Services) to an Area Counsel under his or her supervision.

  3. The following officers and employees and other persons are authorized to sign on behalf of the Chief Counsel by use of the "by-line, " or to sign in their own names or that of the Associate Chief Counsel or Assistant Chief Counsel, as provided in CCDM correspondence guidance and to the extent otherwise authorized in writing by an Associate Chief Counsel or an Area Counsel or Assistant Chief Counsel with authority to so sign:

    • Deputies Associate Chief Counsel

    • Deputies Assistant Chief Counsel

    • Branch Chiefs

    • Assistant Branch Chiefs

    • Counsels to Assistants Chief Counsel

    • Executive Assistants

    • Senior Technical Reviewers

    • Senior Technician Reviewers

    • Special Litigation Assistants

    • Special Litigation Attorneys

    • Special Counsel

    • Technical Assistants

    • Senior Counsel

  4. Each Division Counsel is authorized to sign on behalf of the Chief Counsel by use of the by-line as provided in CCDM correspondence guidance or in their own names (whichever is appropriate), correspondence, memoranda, pleadings, and motions filed with the U.S. Tax Court, and other papers pertaining to the functions of their positions and considered in the course of their official duties.

    1. This authority may be redelegated to the docket attorney level.

    2. Except as specifically and expressly limited, the authority vested in the Division Counsel to sign in their own names may be redelegated to the docket attorney level. Area Counsel offices are to use Area Counsel stationery in order to clarify the authority and appearance of the Area Counsel in dealing with the public. The use of by-lines should correspond to the letterhead.

  5. Except through the use of the by-line, correspondence and other papers are not to be signed by anyone other than the Chief Counsel except in specific situations where he/she authorizes the use of his/her signature.

  6. See CCDM 30.10.1, Correspondence Guidelines ( http://publish.no.irs.gov/getpdf.cgi?catnum=29183), for specific instructions regarding documents which can or cannot be signed by use of the by-line.

30.3.2.2.1.5  (07-21-2005)
General Duties and Workload

  1. Each Associate Chief Counsel and Division Counsel is authorized to perform the following duties and functions:

    1. To serve as the principal liaison officer for the Chief Counsel with congressional committees, the Department of the Treasury, the Commissioner's Office, the Department of Justice, and other departments and agencies of the Government on matters or cases within his or her delegated jurisdiction — coordinating where necessary or desirable with the Legislative Unit of the Office of Associate Chief Counsel (Procedure and Administration).

    2. To coordinate the work of his or her function with the other functions of the Office and the Service and to dispose of all matters under his or her jurisdiction, referring to the Chief Counsel, a Deputy Chief Counsel, or other appropriate official of the Office of Chief Counsel such matters as in his or her discretion seem proper, or as directed.

    3. To supervise, assign work, review the work product, and appraise the performances of the personnel of the function, wherever located.

    4. To plan, direct, and supervise the operations of their respective function.

    5. To establish, subject to the approval of the Chief Counsel and the General Counsel, branches, sections or other units or offices within the function, and to recommend further necessary changes in the organizational structure of the function or of the Office to the Chief Counsel, with reference to changes in the organizational structure of the Service or other components of the Office.

    6. To make recommendations with respect to the number of employees necessary for the performance of the work under their jurisdiction.

    7. To prepare and maintain records and reports with respect to the work of the function.

    8. To designate an acting official of the function (or of a subordinate function), during the temporary absence of an incumbent. The authority to designate an acting official for a position held by an official in the Senior Executive Service may only be delegated to officials reporting directly to the official holding the position or to his or her Deputy.

  2. Each Associate Chief Counsel and Division Counsel is also is authorized to perform all needful activities to effectively manage its organization and personnel under its supervision, including:

    1. Developing and executing policies, procedures, and directives designed to manage the budget process of all aspects of office operations

    2. Developing and monitoring performance measures and program goals for: the provision of legal services, litigation, and published guidance, and the implementation, compliance, and outreach initiatives within his/her jurisdiction

    3. Implementing and evaluating operational policies and procedures designed to improve the delivery of legal services

    4. Ensuring that performance and program goals, strategy, and organizational policies are clearly communicated to employees

    5. Identifying emerging issues in the topical areas and litigation matters within its jurisdiction to improve delivery of legal services

  3. Associates Chief Counsel and Division Counsel shall perform such additional duties as may, from time to time, be assigned by the Chief Counsel or Deputies Chief Counsel, and may redelegate as necessary any of his or her authority, except as may be otherwise limited by statute, regulation, or superior delegation.

30.3.2.2.2  (07-21-2005)
Delegations of Authority to Associates Chief Counsel

  1. Each Associate Chief Counsel is authorized to perform the following duties and functions:

    1. To serve as chief legal advisor to the Chief Counsel and all Service functions on legal subject matters within his or her jurisdiction

    2. To serve as coordinator with Division Counsel on all administrative, policy, and technical matters pertaining to areas within his or her responsibility

30.3.2.2.2.1  (07-21-2005)
Delegations of Authority to, and Common Functions of, Associates Chief Counsel with Technical Responsibilities

  1. Each Associate Chief Counsel with technical responsibilities is delegated the following authorities:

    1. To plan, direct, and coordinate the policies and programs with respect to legislation, regulations, interpretation of rulings and opinions pertaining to the laws administered by the Service for which the Associate has subject matter jurisdiction.

    2. For matters under his or her subject matter jurisdiction, to determine whether an action on decision should be prepared and to prepare such document for the signature of the Chief Counsel, after considering any memorandum from Division Counsel recommending an action on decision.

    3. For matters under his or her subject matter jurisdiction, to review decisions, make recommendations for appeal, write settlement letters, and write letters recommending appeal for signature by the Chief Counsel, after considering and describing in the transmittal to the Chief Counsel any memorandum of Division Counsel making recommendation on such matters.

    4. For matters under his or her jurisdiction, to review prior to filing documents prepared by Division Counsel listed below:

      • Standard defense letters in refund cases (and settlement option procedure defense letters in Court of Federal Claims matters)
      • Briefs and summary judgment motions, where such documents involve issues requiring pre-review as set forth in this manual or other Chief Counsel guidance
      • Filings containing issues designated as novel or significant by this manual or other Chief Counsel guidance and, therefore, requiring prereview

    5. To represent the Service at motions sessions before the U.S. Tax Court, except in those cases where Division Counsel sends attorneys to argue their motions.

    6. For matters under his or her subject matter jurisdiction, to prepare or review motions for reconsideration of Tax Court opinions for the approval of the Chief Counsel.

    7. For matters under his or her subject matter jurisdiction, to prepare action memorandums on whether to seek certiorari, including the preparation of letters recommending certiorari for signature by the Chief Counsel and approval by the General Counsel.

    8. For matters under their jurisdiction, to enter into and approve a written agreement with any person relating to the internal revenue tax liability of such person (or of the person or estate for whom he/she acts): (1) in respect to any prospective or completed transactions if the request to the Chief Counsel for determination or ruling was made before any affected returns have been filed; and (2) for a taxable period or periods ended prior to the date of agreement and related specific items affecting other taxable periods.

      Note:

      These same authorities are delegated to the Deputies Associate Chief Counsel for cases under their respective jurisdictions. The authority listed as 1 may be redelegated by an Associate Chief Counsel to subordinate Assistants Chief Counsel for cases that do not involve precedent issues. See Rev. 34 of Commissioner's Delegation Order No. 97 && 1-6.

    9. To prescribe the extent, if any, to which any technical advice memorandum or other legal guidance issued under his/her jurisdiction shall be applied without retroactive effect. The same authority is delegated to the Deputies Associate Chief Counsel. See Commissioner Delegation Order 96.

    10. To approve for the Chief Counsel announcements pertaining to civil litigation policy as it pertains to tax litigation matters under his/her jurisdiction.

30.3.2.2.3  (07-21-2005)
Delegations of Authority to, and Common Functions of, Division Counsel

  1. Each Division Counsel is authorized to perform the following duties and functions:

    1. To plan, direct, handle, process, and litigate cases pending in the U.S. Tax Court involving taxpayers or matters under his or her jurisdiction, and to determine the Service's litigating position in such cases and also in suits for refund brought in the U.S. District Courts and the U.S. Court of Federal Claims, and to review closing agreements which require the approval of the Commissioner in such cases or suits.

      Note:

      To the extent that a regulation or ruling does not provide clear guidance on the position to be taken in litigation, or the position of the Service is not clear from existing case law or the unambiguous language of the Code, Division Counsel must seek advice from the Associate Chief Counsel with subject matter jurisdiction over the involved issue concerning the position of the Service.

    2. To assign and detail attorneys from his or her function to handle and conduct the hearings and trials of cases in the U.S. Tax Court, and to arrange for the reassignment and detail of attorneys in other offices for the trials of U.S. Tax Court cases where the circumstances warrant such action.

    3. To prepare pleadings, motions, briefs, settlement documents, notices of appeal, and any other material prepared in connection with U.S. Tax Court litigation, coordinating such action, where required under Office procedure or where desirable, with the appropriate Associate Chief Counsel (such as in the case of briefs or summary judgments motions pertaining to issues requiring review under issues lists published in the CCDM or pertaining to novel or significant issues).

    4. Where necessary or desirable, to recommend one of the following to an Associate Chief Counsel with subject matter jurisdiction:

      • Whether and what action on decision should be taken
      • A position on appeal, or on an offer of compromise or settlement pending appeal
      • Whether certiorari should be sought

    5. To provide legal advice relating to case development to their respective client, coordinating with Associate Chief Counsel with subject matter jurisdiction over the issue to the extent that a regulation or ruling does not provide clear guidance on the position to be taken in litigation, or the position of the Service is not clear from existing case law or the unambiguous language of the Code.

    6. To approve in writing the making of jeopardy and termination assessments and levies made less than 30 days after notice and demand for payment, who may redelegate this authority no lower than Associate Area Counsel. The approval of jeopardy and termination assessments and jeopardy levies must be based upon an independent finding by the appropriate approving official that at least one jeopardy condition exists in accordance with Treas. Reg. § 301.6851-1(a).

  2. Each Division Counsel is also authorized to perform the following duties and functions:

    1. To participate to the appropriate extent in the emergency planning of the Service in areas where they maintain offices, and to delegate such authority to personnel under their jurisdiction as may be appropriate for emergency planning. (Copies of agreements or delegation orders should be furnished to the Chief Counsel.)

    2. To transfer attorney positions from one Area office to another within their Division, but only with the concurrence of the Associate Chief Counsel (Finance & Management) where that action is expected to have a budgetary impact.

    3. To assign and reassign, with ERB approval, personnel at grade GS-15 and below within their functions. Personnel may be simultaneously reassigned (exchange of positions) as long as the nature of the duties and the levels of responsibility are essentially the same and the Deputy Chief Counsel (Operations) has approved the reassignments in writing.

30.3.2.2.4  (07-21-2005)
Mixed Functions

  1. Division Counsel who are also Associate Chief Counsel may exercise the authorities granted to Associates Chief Counsel with respect to their technical and non-field operations.

  2. Associates Chief Counsel who have field functions may exercise authorities granted to Division Counsel, as applicable to their field operations.

30.3.2.2.5  (07-21-2005)
Deputies Associate Chief Counsel

  1. Except as specified otherwise, a Deputy Associate Chief Counsel can perform all the functions of the Associate Chief Counsel to which such Deputy Associate is assigned.

30.3.2.2.6  (07-21-2005)
Redelegation

  1. Except as otherwise expressly provided, and except where inconsistent with statute, regulation, or superior delegation, the authorities delegated herein may be redelegated.

  2. Except as otherwise expressly provided, or where inconsistent with statute, regulation, or superior delegation, or as restricted by the Associate Chief Counsel (Procedure and Administration), the authorities generally and specifically granted to the Associate Chief Counsel (Procedure & Administration) are presumed to be redelegated to Assistants Chief Counsel for subject matter under their jurisdiction and personnel under their supervision.

30.3.2.3  (07-21-2005)
Associate Chief Counsel Functional Statements, including Delegations of Authority to Specific Associates Chief Counsel

  1. This subsection outlines the responsibilities and functions of each Associate Chief Counsel.

30.3.2.3.1  (07-21-2005)
Associate Chief Counsel (Corporate)

  1. The Corporate legal function is headed by an Associate Chief Counsel (Corporate), who reports to, and who is supervised by, the Deputy Chief Counsel (Technical). A Deputy Associate Chief Counsel reports to, and is supervised by, the Associate Chief Counsel (Corporate). The Associate Chief Counsel (Corporate), together with his or her Deputy, supervises six branches, technical and planning staff, and administrative staff, as depicted on the organizational chart in Exhibit 30.3.2-3. With the exception of the front office staff, employees are assigned to six branches.

  2. The Associate Chief Counsel (Corporate) is responsible for providing legal support and guidance to the Commissioner, the Operating Divisions, Division Counsel, other components of the Service and Chief Counsel's Office, Treasury, other government agencies and the public on all legal matters within its jurisdiction.

30.3.2.3.1.1  (07-21-2005)
Subject Matter Responsibility and Functions

  1. The Associate Chief Counsel (Corporate) is responsible for tax matters involving corporate organizations, reorganizations, liquidations, redemptions, spin offs, transfers to controlled corporations, distributions, to shareholders, debt vs. equity determinations, bankruptcies, and consolidated return issues affecting affiliated groups of corporations to the Service, the Office of Chief Counsel, the Department of the Treasury, and, where appropriate or required, to other government agencies and the public.

  2. The Associate Chief Counsel (Corporate) performs the following functions:

    1. Furnishes, upon request, information, advice, and assistance in the development and drafting of internal revenue legislation and committee reports thereon; initiates recommendations and coordinates with Legislative Affairs in providing advice and assistance on legislative matters; prepares, upon request, memoranda or reports to the Associate General Counsel (Legislation, Litigation, and Regulation) setting forth the views of the Office of Chief Counsel on proposed or pending legislation.

    2. Works with Treasury officials with respect to, and directs the drafting and development of, regulations and Treasury Decisions, assesses public comments and conducts public hearings on proposed regulations, and manages the movement of regulations through the review process within the Service and the Department of the Treasury.

    3. Prepares revenue rulings, revenue procedures, announcements, notices, and news releases to be published for the guidance of taxpayers and Service personnel.

    4. Assists the Operating Divisions in setting strategic goals, policy and procedure by providing input in the areas within the Associate's jurisdiction and working with Division Counsel and other Counsel offices to ensure the correct application of law.

    5. Coordinates the Service's position in litigation with Division Counsel, the Service, and Department of Justice in areas within the Associate's jurisdiction in order to ensure the Operating Divisions are taking consistent and appropriate technical positions in litigation. Makes appeal and settlement recommendations and prepares other documents setting forth the Service's position in such cases.

    6. Coordinates the resolution of cases and other matters where the subject matter is within the jurisdiction of the Associate's office. Works with the Service, Operating Divisions, Division Counsel, Taxpayer Advocate, and other components of the Service, as appropriate.

    7. Provides administrative and technical support to Division Counsel and other Associates Chief Counsel in the handling and processing of litigation pending in the U.S. Tax Court and other federal courts. Reviews and coordinates pleadings, motions, briefs, settlement documents, notices of appeal, and any other material prepared in connection with U.S. Tax Court litigation. Processes or coordinates, as appropriate, petitions and complaints, briefs, actions on decision, and other matters with Division Counsel and other Associates.

    8. Works with Division Counsel in: advising Department of Justice as to the facts and legal positions of the Service in matters within the jurisdiction of the Associate's office; preparing recommendations concerning defense, offers in compromise, settlement, appeal, or certiorari; and coordinating other matters with the Department as required.

    9. Develops policy, procedure, directives, Chief Counsel Notices, Litigation Guideline Memorandums and CCDM provisions to provide uniform application of the provisions within the Associate's jurisdiction to the Office of Chief Counsel. Provides support and guidance in connection with the development of IRM provisions.

    10. Issues technical advice or other legal advice or determinations responding to questions raised by Service personnel.

    11. Issues letter rulings and general technical information letters in response to requests from taxpayers.

    12. Reviews booklets, training materials, Audit Technique Guides, Coordinated Issue Papers, Appeals Settlement Guidelines, forms, publications and instructions to ensure technical accuracy, and upon request, assists in their preparation.

30.3.2.3.2  (08-09-2006)
Associate Chief Counsel (Finance & Management)

  1. The Finance and Management function is headed by the Associate Chief Counsel (Finance & Management), who reports to the Deputy Chief Counsel (Operations). A Deputy Associate Chief Counsel (F&M) reports to the Associate Chief Counsel (F&M). As depicted on the organizational chart in Exhibit 30.3.2-4, the Associate Chief Counsel (F&M), together with his or her Deputy, supervises five major functional areas and four Area Managers that manage field operations support in offices nationwide.

30.3.2.3.2.1  (08-09-2006)
Subject Matter Responsibility

  1. The mission of the Office of the Associate Chief Counsel (F&M) is to perform all Counsel-wide finance and management activities and manage all field Counsel employees who are not attorneys, paralegals, or technical advisors. The office's responsibilities include the primary functions of Human Resources, Labor and Employee Relations, Finance and Planning, Library Services, and Equal Employment Opportunity.

  2. Information Services are provided by a Service component dedicated to servicing the Office of Chief Counsel pursuant to a memorandum of understanding between the office and the Modernization and Information Technology Services organization.

  3. The Associate Chief Counsel (F&M) is responsible for all administrative functions and personnel across the country.

30.3.2.3.2.2  (08-09-2006)
Functions of the Office of the Associate Chief Counsel (F&M)

  1. The functions of the Associate Chief Counsel (F&M) include:

    1. To direct, supervise, and evaluate the work of the heads of Counsel-wide finance and management activities: Human Resources, Planning and Finance, Labor and Employee Relations, Library services, and field support operations.

    2. To be responsible for the general administration and management of the Office of Chief Counsel nationally, and to prepare and issue appropriate orders, instructions, and directives pertaining to management and administrative matters for guidance and planning of the Office.

    3. To serve as the Financial Plan Manager for the Office of Chief Counsel, and to plan, direct and coordinate the financial management and administrative policies and programs of the Office, including all personnel-fiscal and budgetary operations.

    4. To direct the management of the field non-legal support operations, including all administrative and clerical personnel who provide support to field functions; to supervise and manage, and delegate the authority to supervise and manage (both to supervisors within the Office of the Associate Chief Counsel (F&M) and other Counsel supervisors) all field Counsel employees who are not attorneys, paralegals, or technical advisors; and to perform, and to delegate the authority to perform all of the administrative functions necessary for the support operation of the field offices.

    5. To serve as the project manager for Counsel's national automation initiative, the Counsel Automated Systems Environment (CASE-MIS), and to be responsible for the viability and continued progress of the Counsel information systems program, which is administered by the IRS Chief Information Officer's (CIO) organization. This is accomplished through continuing oversight of the ClO's formulation and execution of Counsel's budget for CASE-MIS. The Chief Counsel Executive Steering Committee (CC ESC) ensures the ClO is provided overall program priorities for the CASE-MIS initiative in concert with Counsel's business requirements. The Associate Chief Counsel (F&M) signs-off on the annual program letter which is used as a basis for the budget spending plan development process; receives advance notice of any proposed reductions or redirection of funds; and provides comments and recommendations to the ClO relative to the impact of such changes on Chief Counsel's ability to carry out effective legal support to the Service.

    6. To manage Counsel's business systems and strategic planning processes, and organizational studies and analyses; to assist in or provide the formulation of executive performance goals and organizational measures; management consulting services on organizational performance issues; and the continued viability of management information systems for workload staffing and time-reporting.

    7. To direct the management of the Chief Counsel Library, a highly specialized tax law library system, which provides Chief Counsel and IRS staff with support in all substantive areas of the mission of the Service as it pertains to tax law.