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30.2.1  Office of Chief Counsel Directives System

30.2.1.1  (11-27-2006)
Introduction to the Directives System

  1. The Office of Chief Counsel Directives System is the official compilation of policies, procedures, guidelines, and/or delegations of authority to employees relating to the organization, administration and operations of the Office of Chief Counsel. The directives system consists primarily of the Chief Counsel Directives Manual (CCDM) and Chief Counsel Notices (Notices).

  2. Communications that do one or more of the following should be formally published in the directives system as CCDM sections or Notices:

    1. Establishes policy, guidelines or procedures

    2. Delegates authority or assigns responsibility on a permanent basis

    3. Guides employees in determining a course of action

    4. Establishes or changes an organizational structure

    5. Supersedes, supplements, amends, or revokes another directive

  3. This section defines the directives system, identifies responsibilities, and provides guidelines for developing, revising, clearing and issuing the CCDM and Notices.

    Note:

    Prior Chief Counsel directives systems included Orders. Orders will be issued under the current directives system only in exceptional circumstances.

  4. The Planning and Finance Division (CC:FM:PF) in the office of Finance and Management is responsible for managing and coordinating the CCDM and Notices, and serves as the central point for publication. CC:FM:PF may be contacted for assistance in development and revision of the CCDM and Notices. The Office of Associate Chief Counsel (Procedure and Administration) may be contacted for assistance in development of technical content.

  5. For a discussion of the relationship between the CCDM and IRS policy, see CCDM 30.1.1.2, The Chief Counsel Directives Manual http://publish.no.irs.gov/getpdf.cgi?catnum=29704

30.2.1.1.1  (08-18-2006)
Objectives of the Directives System

  1. The directives system ensures effective communication by:

    1. Providing current, authoritative direction to employees

    2. Providing instructions that are easily understood, readily accessible, and revisable

    3. Grouping information on a specific subject in a single source

  2. Offices have periodically issued guidelines and instructions establishing policies, delegating authority, etc., in memorandum or e-mail format rather than publishing such information in the directives system. This practice is an ineffective and cumbersome way by which to issue important information. All information of the nature described in CCDM 30.2.1.1(2) must be issued in the formal directives system.

  3. All Chief Counsel directives that impact the entire Office of Chief Counsel should be included in the CCDM and/or issued as a Notice as appropriate. Exceptions are publications issued primarily to and for the public.

  4. Publication of Chief Counsel guidelines and "instructions to staff" in the CCDM and Notices, which are available to the public on www.irs.gov, complies with the requirements of the Electronic Freedom of Information Act (E-FOIA).

30.2.1.1.2  (08-18-2006)
Directives System Responsibilities

  1. Officials are responsible for the information contained in the directives that they initiate and issue. It is critical that this information is accurate and up-to-date. Annual reviews of existing directives should be conducted to ensure they contain current policy and procedures.

  2. The Planning and Finance Division (CC:FM:PF) is responsible for:

    1. Establishing directives system requirements and standards, and interpreting their application

    2. Managing and coordinating directives activities

    3. Providing technical leadership and assistance in the development, clearance, issuance and publication of directives

    4. Reviewing each directive for compliance with directives requirements and standards

    5. Establishing and maintaining historical files for Notices and the CCDM

    6. Serving on the IRS Internal Management Document Council led by the Office of Servicewide Policy, Directives and Electronic Research (SPDER)

  3. The Deputies Chief Counsel, Division Counsels, and Associates Chief Counsel are responsible for ensuring:

    1. Compliance with the directives system within their office/function

    2. That directives are issued to adequately document the organization, functions, policies, and procedures for which they are responsible, and that their directives do not conflict with other directives issued by the Office of Chief Counsel

    3. That directives originated by their office/function conform to pertinent laws, Executive Orders, regulations, and Department of the Treasury policies

    4. That directives originated by their office/function are regularly reviewed to determine the need for updating, consolidating, or revoking them

  4. Division Counsels and Associates Chief Counsel may appoint a Directives Management Officer (DMO) who would coordinate all directives activities within their office/function after considering the volume and frequency of directives it expects to publish and the utility of concentrating the role in a single individual. CC:FM:PF should be notified when a DMO is appointed. DMO responsibilities include:

    1. Assisting authors in developing and clearing directives

    2. Reviewing each directive for compliance with directives standards prior to submission to CC:FM:PF

    3. Reviewing directives issued by their office periodically to ensure that the content is current

    4. Serving as a liaison with CC:FM:PF and with other DMOs

  5. The Labor and Employee Relations Division is responsible for:

    1. Reviewing the content of proposed directives forwarded by the issuing function/author (or CC:FM:PF) to determine whether the directive requires notification of, or negotiation with, NTEU

    2. Coordinating with all appropriate offices to notify NTEU and negotiate any required issues

    3. Coordinating with the appropriate originating offices if changes to the directive are needed

30.2.1.2  (01-10-2008)
Distribution and Availability of Directives

  1. It is the policy of the Office of Chief Counsel to distribute directives electronically, rather than publishing them in traditional paper formats.

  2. Notices will be distributed to employees via e-mail and will subsequently be posted on the CCDM Notice webpage ( http://intranet.prod.irscounsel.treas.gov/irsccdm/) and on www.irs.gov. Unless otherwise specified on the clearance record, all notices will be distributed to all employees. Paper copies will be maintained by CC:FM:PF.

  3. The CCDM is published in the Internal Revenue Manual (IRM) Numerical Index http://publish.no.irs.gov/pubsys/irm/numind.html maintained by the Media and Publications Division. The CCDM is also available through other sources:

    • IRM Online, available within 1 week of publication in the Index

    • www.irs.gov, available within 2 weeks

    • Westlaw, available within one month

    1. If a small number of paper copies of a CCDM section are needed, the CCDM PDF files on the Numerical Index should be printed directly to an office printer.

    2. If a large number of paper copies of a CCDM section are needed on a one-time basis, e.g. to conduct a class, the Print on Demand Program at the National Distribution Center can be contacted at 1-800-829-2437.

    3. The Media and Publications Division has been informed that the CCDM should not be available in a printed format through the Internal Management Documents Distribution System (IMDDS). Questions concerning these guidelines can be addressed to CC:FM:PF.

  4. The Freedom of Information Act (5 U.S.C. § 552) (FOIA) stipulates that federal agencies will provide public access to agency records unless they are protected from disclosure by exemption or exclusion. It also requires that instructions to staff be made available to the public in electronic format. The medium for making available to the public the CCDM and Notices that meet the definition of "instructions to staff" in providing national guidance (and have not been published in the CCDM) is www.irs.gov through the FOIA electronic reading room ( http://www.irs.gov/foia/lists/0,,id=97652,00.html ).

    1. Material classified as Official Use Only (OUO) is excluded from the FOIA provisions.

    2. For assistance in preparing OUO directives, see CCDM 30.6.1.2.1, Documents Classified as "Official Use Only" at http://publish.no.irs.gov/getpdf.cgi?catnum=29269, and IRM 1.11.2.8, Determining Official Use Only (OUO) Information.

    3. Authors must contact CC:FM:PF prior to clearing directives containing OUO material.

30.2.1.3  (08-18-2006)
Preparation of Directives

  1. Associates Chief Counsel and Division Counsel are responsible for the initiation, clearance, approval and maintenance of directives affecting their respective functional areas.

  2. CC:FM:PF will review all directives to determine that:

    • Applicable directives guidelines have been followed

    • The appropriate format and numbering schema is used

    • The appropriate approval authority level is designated

    • Clearance protocols have been followed

    • Appropriate cancellation dates for Notices are used

  3. CC:FM:PF will contact the author if it determines that changes need to be made. CC:FM:PF does not review directives for technical content; that responsibility is borne by the issuing office. However, if a potential technical discrepancy is recognized, the author will be contacted.

30.2.1.3.1  (08-18-2006)
Approval Authority for Directives

  1. The Chief Counsel approves all directives relating to the organization of the Office of Chief Counsel; the assignment, transfer, or delegation of the Chief Counsel's authority, functions, or duties; or to general Office policy.

  2. The Deputies Chief Counsel, Division Counsels, and Associates Chief Counsel approve directives within the authority delegated by the Chief Counsel. See CCDM 30.3.2, Delegation of Authority and Designations ( http://publish.no.irs.gov/getpdf.cgi?catnum=29599).

  3. The Deputies Chief Counsel, Division Counsels, and Associates Chief Counsel may re-delegate this approval authority in full or in part to an official(s) under his or her supervision for matters under the jurisdiction of that subordinate official.

    Note:

    CC:FM:PF must be notified when approval authority for Notices or the CCDM are re-delegated.

  4. All internal directives containing delegations of authority to subordinates must be signed by an approving official that possesses the authority to re-delegate that authority.

  5. Clearance. At a minimum, directives will be cleared by all management levels between the author and the approving official. CC:FM:PF will assist authors in determining clearance protocols.

    1. Directives which may require notification of, or negotiation with, NTEU will be cleared by the Labor and Employee Relations Division.

    2. Directives which impact organizations outside of the functional authority of the approving official will be cleared by the impacted functions.

    3. CC:FM:PF will clear all CCDM sections.

30.2.1.3.2  (08-18-2006)
Revisions to Directives

  1. Revisions and/or cancellations to directives will generally be approved by the original approving level, unless approval authority has been re-delegated as described above.

    Note:

    Depending on the content of the material to be changed, revisions to sections in CCDM Part 30, Administrative, may be issued by an Associate Chief Counsel other than the previous approving Associate Chief Counsel. CC:FM:PF will assist authors in determining approval authority in these cases.

  2. On a case-by-case basis, directives originally approved by a Deputy Chief Counsel, Division Counsel, or an Associate Chief Counsel may be revised or cancelled by a directly reporting subordinate officer provided some form of written communication from the original approving official is submitted with the clearance record.

    Exception:

    Revisions to the CCDM may be revised or cancelled by either a directly reporting subordinate officer or CC:FM:PF without the above documentation when they meet the criteria for "Non-Procedural Updates" (see CCDM 30.2.1.5.4).

  3. Revisions to directives should follow the same clearance protocols as the original directives.

    Exception:

    Revisions to the CCDM that meet the criteria for "Non-Procedural Updates" (see CCDM 30.2.1.5.4).

30.2.1.3.3  (08-18-2006)
Writing Standards for Directives

  1. Directives should be accurate, complete, and clear. Use understandable, direct language and avoid ambiguity.

  2. Organize information in logical sequences. Cover one subject in one place (i.e., in one paragraph, section, or chapter, depending on the scope of the subject).

  3. Write directives for a specific audience, and consider the audience’s needs, resources, and knowledge.

  4. Choose descriptive titles and headings with terms that would facilitate on-line searches.

  5. Break up long sections and paragraphs into multiple sentences or paragraphs. However, do not subdivide so minutely that the text becomes fragmented or loses continuity, or in the case of the CCDM unduly increases the number of subsections.

  6. Do not enclose directives headings or titles in quotation marks. Use the number followed by a comma, then the full title.

  7. When referring to the CCDM, use CCDM followed by the section/sub-section identification numbers (e.g., CCDM 30.2.1.3.2). If applicable, cite the paragraph number (e.g., see CCDM 30.2.1.3.2(1)).

    Note:

    Within the CCDM, references to the IRM and to other CCDM sections will generally be hyperlinked. Due to current limitations, the hyperlink will be to the section level only. References, however, can be shown below the section level; it is recommended that the title of the subsection be included to ensure the reader finds the appropriate reference.

  8. When referring to Notices, use Notice followed by the identification number (e.g., Notice CC-2006-016, or Notice N(30)6(12)-0).

  9. When referring to laws, the Code of Federal Regulations, or other official materials, be specific. When citing codified materials, include the Code title number or common use equivalent and include the section number. For example:

    Use Not
    IRC section 6103(h) or
    IRC § 6103(h)
    section 6103(h)
    Treas. Reg. section 1.61-1 section 1.61-1 of the regulations

  10. When referring to forms and publications, use the number and complete title the first time the form/publication is referenced; thereafter, use only the form/publication number. Include hyperlinks to forms, publications and other documents contained in the forms repository, available at http://publish.no.irs.gov/catlg.html.

  11. Use official titles rather than names.

  12. Use of the term "Policy" . The Commissioner confines the use of the word "policy" within the Service to those matters in which discretion is exercised by the Service. The practice of substituting phrases such as the position of the Service instead of policy, when referring to technical and litigation matters, has been adopted by the Office of Chief Counsel and is used by the directives system.

  13. Notes and footnotes. Notes may be inserted in the CCDM text for explanatory insertions that do not fit text continuity. For an example, see CCDM 30.2.1.3.3(7). Footnotes may be used in Notices; in the CCDM they may be used only in exhibits.

30.2.1.4  (08-18-2006)
CC Notices

  1. Notices are directives that provide interim guidance, furnish temporary procedures, describe changes in litigating positions, or announce personnel matters or other types of administrative information. Notices which provide interim guidance or instructions to staff are designed to be incorporated into the CCDM, but are issued as Notices in order to provide immediate notification of important policy or procedural changes which cannot be immediately published in the CCDM due to IRM publication time frames.

    Note:

    Questions concerning conflicts between procedures in a Notice and in the CCDM should be directed to the Part Manager (see CCDM 30.2.1.5.1).

  2. Notices are issued as needed; there is no publication schedule established. Notices issued since 1998 are accessible on the CC Intranet Notice website.

  3. Notices are numbered sequentially by fiscal year, without regard to content or originating organization, and are formatted as CC-YYYY-NNN, e.g. CC-2008-004. Notices are numbered by CC:FM:PF after clearance by the approving official.

    Note:

    Notices issued prior to 2001 were numbered in relation to the CCDM structure replaced in 2004; they may also contain cross-reference numbers preceded by CR to indicate procedures affecting more than one function.

  4. The date of the Notice will be the date they were signed by the approving official, unless CC:FM:PF is notified that the Notice should be dated and published at a future date.

  5. When Notices providing advance information of material to be incorporated in the CCDM are issued, the author should begin preparing the CCDM section/revision as soon as the Notice is issued. In general, the CCDM section should be published within six months of the Notice being issued.

  6. On the Notice site, Notices are identified as either " active" or "archived" . Notices are considered "archived" when they have:

    • Lapsed due to their cancellation date

    • Been revoked or replaced by another Notice

    • Been superseded by the CCDM

    • Been superseded by another type of directive or ruling

30.2.1.4.1  (01-10-2008)
Preparing Notices

  1. Notices are prepared using the template shown in See Exhibit 30.2.1-1. The template can be obtained from CC:FM:PF as a Word document, or a macro for the Notice template that is available on the CC Macros menu in Microsoft Word can be used.

  2. Leave the Notice number, issue date, and information in the footer blank. These fields will be completed by CC:FM:PF after the Notice is approved.

  3. Titles on Notices (termed "subject matter" on the template) should be both descriptive and concise. Notices concerning uniformity in handling docketed and nondocketed cases and litigation positions will include the abbreviation CLP in the title to indicate a change in Service litigating position. "Change in Litigating Position" or " CLP" is not sufficient as a title for the Notice, however, because titles are used as search parameters in the online databases.

  4. There is no prescribed format for the content of Notices. The format should be chosen to best convey the information to be presented. As a guide, many Notices have been structured as follows:

    • Purpose/Background/Scope

    • Content

    • Summary

    • Contact Information

  5. A Chief Counsel Uniform Issue List number (UIL) should be included in the text of a Notice when applicable to facilitate research.

  6. Notices should be prepared for the signature of an Associate Chief Counsel, Division Counsel or above, unless the authority has been re-delegated (see CCDM 30.2.1.3.1, Approval Authority for Directives).

  7. All Notices must specify a cancellation date based on their purpose and/or content. In general, one of the cancellation dates listed below will be selected.

    Cancellation Date Content
    One month after issuance Announcements
    One year after issuance Announcements which are anticipated to be replaced on an annual basis
    Upon incorporation into the CCDM Procedures and guidelines that will be published in the CCDM, including new material and material that supersedes existing CCDM content
    Effective until further notice/Indefinite Material that will not be published in the CCDM, such as changes in litigating position, or that is subject to frequent change

  8. When CC:FM:PF receives approved Notices with cancellation dates of "one month after issuance" or "one year after issuance" , it will insert the actual date before issuance based on the approval date. The Notice will be archived as of the date specified.

    Note:

    For announcements, the issuing function may choose to specify an alternative date which must be within a one-year time-frame.

30.2.1.4.2  (08-18-2006)
Review and Clearance of Notices

  1. Form 178, Clearance Record, must accompany the Notice. The form indicates that the document is a Notice, and provides the subject of the Notice, distribution instructions, and any other pertinent information. Paragraphs (2) through (6), below, provide instructions for completing Form 178, which is provided in See Exhibit 30.2.1-2.

    Note:

    A macro for the Form 178 is available on the CC Macros menu in Microsoft Word.

  2. Type of Document — Place an X next to "Notice" .

    Caution:

    Form 178 is not to be used for CCDM sections.

  3. Explanation of Issuance — Use this space to summarize the purpose of the Notice. When composing the summary, be sure to capture the essence of the Notice. Including "key words" will facilitate word search requests, enabling those who are using this feature to retrieve applicable Notice(s) from the Intranet Notice website.

  4. Proposed Distribution — Place an X next to "Distribute" and "All Personnel" . Unless otherwise specified on the clearance record, all notices will be distributed to all employees. If a more restrictive audience is needed, the author should provide CC:FM:PF with an email containing the email addresses of all the recipients.

  5. Title — This block should have the same title as the approving official who will sign the Notice.

  6. Reviewers —List the office symbols and names of all reviewers in the spaces below "Route in Turn to" . Notices which contain material that affect employee working conditions or items covered in the negotiated contract must be cleared by the Labor and Employee Relations Division before they can be distributed to ensure that the Notice does not have potential labor relations implications. The Notice should be cleared by all the reviewers listed prior to sending the Notice to the approving official for signature.

    Note:

    Although Form 178 states that the draft Notice should be routed in turn to the reviewers listed, the Notice may be sent to all reviewers for simultaneous clearance. Individually signed clearance records would then be attached to the Form 178 to be signed by the approving official.

30.2.1.4.3  (01-10-2008)
Final Review and Distribution of Notices

  1. After the Notice has been cleared by all reviewers and signed by the approving official, the point of contact (POC) should fax the signed Notice and the Form(s) 178, Clearance Record, to CC:FM:PF and email the Word file.

    fax number email address
    770-455-2745 call 770-455-2803 for an email address
    alternate number 202-927–1000 alternate number 202-622–7369

  2. Because CC:FM:PF will be working from faxed copies of the Notice and clearance record(s), the originating office should retain the original signed Notice and clearance record(s) until the Notice is archived. If the originating office does not wish to do so, the originals and associated documentation must be provided to CC:FM:PF.

    1. Once a Notice is archived, the originating office should give the original signed Notice and clearance record(s) and associated documents to CC:FM:PF.

    2. CC:FM:PF will dispose of the records according to the applicable Records Control Schedule.

  3. Once CC:FM:PF has reviewed the Notice to ensure the Notice is correctly formatted prior to distribution, the Notice will be dated and assigned a number. The Notice in a pdf file format will be returned to the POC. The POC will indicate whether any additional information needs to be included in the standard email transmittal.

  4. CC:FM:PF will distribute the Notice to all personnel, post it to the Notice website, and ensure that it is posted to www.irs.gov .

    Caution:

    POCs must inform CC:FM:PF that approved Notices contain OUO material; see CCDM 30.2.1.2(4).

30.2.1.4.4  (08-18-2006)
Continuing Review of Active Notices

  1. On an annual basis, CC:FM:PF will coordinate the review of active Notices with cancellation dates of Upon incorporation into the CCDM . The issuing office will take the necessary action to publish the contents in the CCDM or revoke the Notice.

  2. On an annual basis, the issuing office will review Notices issued with cancellation dates of Effective until further notice/Indefinite and determine whether the Notice should remain active, or whether it should be published in the CCDM or revoked.

30.2.1.5  (08-18-2006)
The Chief Counsel Directives Manual (CCDM)

  1. The Chief Counsel Directives Manual Is the primary compilation of the policy and guidelines needed for the effective operation of the Office of Chief Counsel. Although the CCDM contains specific procedures, it is not intended to be a comprehensive checklist or "how to" guide for every action or process.

  2. All Associate Chief Counsel and Division Counsel offices are responsible for ensuring that the CCDM reflects the current policies, guidance, and procedures of the Office of Chief Counsel, particularly those functions designated as responsible for assigned CCDM parts. Because provisions of the CCDM affect many different organizations, the "Part Manager" will not have exclusive control of all substantive elements of its assigned part. The role of the Part Manager will be to identify the need for changes, coordinate the changes with the affected or interested organizations, and forward them to CC:FM:PF for the purpose of revising the CCDM.

  3. Material will be written or revised by the appropriate author. The author or lead author will be identified as the originator when the CCDM is submitted for publication. His/her name, organizational symbols and telephone number will be displayed on the catalog page in the IRM Numerical Index.

  4. CC:FM:PF is responsible for the administrative maintenance of the CCDM. This includes developing procedures and ensuring that the CCDM is published in accordance with IRM procedures. Information on the IRM publication process can be found in IRM 1.11.2.

  5. New or revised CCDM sections may be preceded by the issuance of a Notice, but it is not required. The issuance of a Notice is not a substitute for the publication or revision of the CCDM.

30.2.1.5.1  (11-27-2006)
Structure of the CCDM

  1. In 2004, the CCDM was extensively revised both in terms of content and structure. The CCDM is published as Parts 30-39 of the IRM, described below, and can be found electronically at the IRM Numerical Index http://publish.no.irs.gov/pubsys/irm/numind.html.

    Part Title Part Manager
    30 Administrative Associate Chief Counsel (F&M)
    31 Guiding Principles Associate Chief Counsel (P&A)
    32 Published Guidance and Other Guidance to Taxpayers Associate Chief Counsel (P&A)
    33 Legal Advice Associate Chief Counsel (P&A)
    34 Litigation in District Court, Bankruptcy Court, Court of Federal Claims, and State Court Associate Chief Counsel (P&A)
    35 Tax Court Litigation Associate Chief Counsel (P&A)
    36 Appellate Litigation and Actions on Decision Associate Chief Counsel (P&A)
    37 Disclosure Associate Chief Counsel (P&A)
    38 Criminal Tax Associate Chief Counsel (CT)
    39 General Legal Services Associate Chief Counsel (GLS)

  2. Within each part, the CCDM is organized by chapter and section. Chapter and section titles are standardized; deviations, whether changes to existing titles or additional titles, must be coordinated with CC:FM:PF prior to clearance of the CCDM. Current approved chapter and section titles may be found on the SPDER website http://spder.web.irs.gov/IRM/IRMIndexes/IRMPartChap.htm. .

  3. A section is the smallest unit of issue for publication purposes; in this case it would be CCDM 30.2.1. Revisions to any text or exhibit in a section requires publication of the entire section.

  4. A section consists of a Manual Transmittal, text (including tables and figures) which is presented in numbered subsections, and optional exhibits.

30.2.1.5.2  (11-27-2006)
CCDM Preparation

  1. The first step in preparing a new or revised CCDM section is to organize the material to be included. Incorporate existing guidance that was issued as Notices, memoranda, or e-mails, and procedures derived from re-engineered processes. Text and exhibits may incorporate or reference information found on organizational webpages and in "desk" and user guides.

  2. To revise the content of an existing CCDM section, obtain an electronic copy of the current section from the Numerical index site. Standard Generalized Markup Language (SGML) editor software is used to publish the CCDM. Among other purposes, the software enforces the standard CCDM format and numbering system.

    Note:

    Epic Editor software (the current IRM standard) can be obtained for any author. The SPDER organization provides training for authors in a four-day class with additional one-day refresher classes. To acquire the software or the training, contact CC:FM:PF.

  3. Authors with access to Epic Editor software should copy the SGML file to their personal computer and revise the file directly.

    1. The author should revise the Manual Transmittal as described below. Change the transmittal date to the symbols Month DD, YYYY. The date will be inserted by CC:FM:PF.

    2. For each subsection that is revised, change the subsection date to the symbols MM-DD-YYYY.

  4. Authors without access to Epic Editor software may prepare CCDM material in Microsoft Word. To obtain an electronic copy of the current section from the Numerical index site, copy the current PDF file to a personal computer by saving the file as a rich text format file (not as a Word document). Then open the .rtf file in Word, convert the file from the rich text format, and make the necessary changes.

    1. The conversion process from the .rtf file format to a Word document may result in there being no spaces between words and sentences.

    2. To make this process more manageable, authors should delete from the Word document any subsections that are not being changed.

    3. For each subsection that is revised, change the subsection date to the symbols MM-DD-YYYY.

  5. New CCDM sections may be written in either Epic Editor software or Microsoft Word. CC:FM:PF will provide assistance for either process.

  6. Exhibit 1.11.2-2, IRM Review Checklist ( http://publish.no.irs.gov/getpdf.cgi?catnum=29299 ), contains a list of items that will be looked at by reviewers, CC:FM:PF, and Media and Publications.

30.2.1.5.2.1  (08-18-2006)
Manual Transmittal

  1. Manual Transmittals are required for all CCDM material that is created, revised or made obsolete. Manual Transmittals are prepared at the section level by the author and must provide the information shown in the following table.

    Element Description Required or Optional
    Purpose States the purpose of the Manual Transmittal (not the purpose of the section) required
    Background Explains the reasons for the development of CCDM material optional
    Scope Notes any limitations regarding the applicability of the document optional
    Nature of Changes/ Nature of Materials "Nature of Changes" describes revisions to text or identifies existing text as superseded or obsolete; "Nature of Material" describes new material required
    Effective Date Identifies a specific implementation date. If this element is not used, the effective date of the section is the date of the Manual Transmittal. optional
    Effect on Other Documents Provides the number and date of the CCDM and/or Notice that is being replaced, superseded or obsoleted required
    Intended Audience Specify Chief Counsel at a minimum required
    Signature See CCDM 30.1.1.1.2 required

  2. In the Purpose element, succinctly state why the section is being issued. For example, "This transmits revised CCDM 30.2.1, Chief Counsel Directives, Office of Chief Counsel Directives System." Further explanation can be provided in the Nature of Changes element. CCDMs must be identified by their number, their chapter title, and their section title.

  3. In the Nature of Changes/Nature of Materialselement, describe the substantive changes being made or text being issued. This element can also be used to describe the underlying basis for the change, e.g., legislative changes or systems implementation, if the Background element is not used. If the CCDM section incorporates text from a published Notice, then the Notice number must be included in this element. Because there are no restrictions on the length of the element nor the number of paragraphs, changes may be listed and identified by subsection. If any section is being obsoleted, then the manual transmittal needs to cite the reason why.

    Example:

    "CCDM 31.3.9 dated 3/21/2000 is obsolete; the content was superseded by CCDM 38.3.1 dated 8/11/2004."

  4. In the Effect on Other Documents element, state the number and date of the CCDM or Notice that is being replaced, superseded or obsoleted (even when stated in the Nature of Changes element). Revisions with the same section number will supersede the previous CCDM, which must be listed in this element. Use "none" only when issuing new material that has never been issued in any directive.

  5. The issue date for the Manual Transmittal and all changed subsections (see subsection below) and exhibits will be the date the approving official signed the Form 2061, Clearance Record. Revisions to previously issued CCDMs will continue to indicate the prior date for all subsections and exhibits that were not changed by the Manual Transmittal.

  6. For examples of manual transmittals, see a variety of existing CCDMs. See Exhibit 30.2.1-3, Model Language for CCDM Manual Transmittals, for sample language that can be used as a starting point.

30.2.1.5.2.2  (08-18-2006)
Text

  1. Text within sections is presented within segments, and is identified by numbers separated by decimal points. Reading from left to right, each number represents a different segment. For example in the boldface heading above, 30.2.1.5.2.2 indicates Part 30, Chapter 2, Section 1, subsection 5, sub-subsection 2, sub-sub-subsection 2. Segments are limited to a total of 8 placeholders.

  2. The smallest unit of text in the CCDM that can be issued or revised is a subsection which consists of a title, a number (consisting of no more than 8 placeholders), a minimum of one paragraph of associated text, and an effective date (generally the date of the Manual Transmittal, although a future effective date may be specified).

  3. The first subsection in a section should describe the purpose and content of the section on a broad level. See CCDM 30.2.1.1 for an example. This is where a discussion of the background for the development of the section would be located. In general, however, the subsection should not be entitled "Background" , but rather something more conducive for conducting electronic research.

  4. A change to only one subsection requires the re-issuance of the entire section. However, the only dates that would change would be the date of the Manual Transmittal and the date of the changed subsection(s).

  5. Paragraphs are numbered sequentially within parentheses. Due to the limited number of placeholders available, authors are urged not to establish subsections containing only one paragraph. Exceptions are subsections with multiple subdivisions; for an example see CCDM 30.4.2.2, Trial Periods and Probationary Periods, with sub-subsections CCDM 30.4.2.2.1, CCDM 30.4.2.2.2, and CCDM 30.4.2.2.3.

  6. In general, a section that has less than four pages should be combined with another section.

  7. When revising CCDM sections, be cautious when relocating and/or renumbering existing subsections or inserting new subsections, because other CCDM or IRM material may reference these subsections.

30.2.1.5.2.3  (08-18-2006)
Lists, Tables, and Figures

  1. Material below the paragraph level can be presented in lists, tables, figures, or notes.

  2. Lists elaborate on the material at the paragraph level. Use lists for information that would detract from the flow of the narrative, that would be more cumbersome to convey within a single paragraph, or which should be highlighted. The three types of lists described below may be used. Lists may not have further embedded lists ("lists-within-lists" ), which are prohibited by the software used to publish the CCDM.

    1. Alphabetical lists are used to present material that would likely be referenced in other materials or CCDM sections. For an example see CCDM 30.2.1.1(2).

    2. Numerical lists are used to indicate a specific order of processes, steps, etc. For an example see CCDM 30.7.1.4.7(1), Problem Resolution and Program Modifications.

    3. Bullet lists, such as this one, are used to display items which do not need to be in any particular order.

    Note:

    In general, lists should be limited to no more than a dozen items. If more material is present, the author should consider adding paragraphs or providing the information in an exhibit.

  3. Notes may be used in the text for material that does not fit text continuity. They are offset from the text and presented in bold, italic font. An example is provided below. Footnotes may not be used within the text, but may be included in exhibits.

    Note:

    Acceptable expressions include Note, Exception, Example, and Caution.

  4. Tables, figures and exhibits may include material that is textual or graphic, such as diagrams, illustrations and flowcharts. These elements are useful in reducing or clarifying text. In order to comply with Section 508 of the Rehabilitation Act (29 U.S.C. 794d), which requires that graphic content be accessible to users of adaptive equipment, Verbal Descriptive Narratives (VDN) should accompany all graphics. For assistance in preparing VDNs, contact CC:FM:PF.

    Note:

    All PDF files are graphics, including those converted from Word or Excel, and must have associated VDNs.

  5. Tables are inserted immediately below the paragraph they relate to. Use tables to simplify complicated information or streamline extensive step-by-step procedures. Tables consist of a header row and subsequent rows; for an example see CCDM 30.2.1.4.1(7). Tables within the text are the width of the column of text. Tables within exhibits span the width of the page.

    Note:

    Due to software limitations, tables that must be presented in landscape format because of their size are restricted to exhibits.

  6. Figures are embedded within the body of the related text to illustrate or explain a procedure. Titles are required for each figure and they are numbered consecutively throughout the CCDM section in the order in which they appear, e.g. Figure 30.2.1-1, Figure 30.2.1-2, etc.

30.2.1.5.2.4  (11-27-2006)
Exhibits and Forms

  1. Exhibits are used to supplement text, to display items that are mentioned more than once, or as a reference for further information. Exhibits must be referenced and explained clearly in the text.

  2. Exhibits are placed and numbered consecutively at the end of the section in the order in which they are referenced in the text, e.g. Exhibit 30.2.1-1, Exhibit 30.2.1-2, etc.

  3. All exhibits submitted as Word or Excel files must have an exhibit number and title on the first page and all continuation pages. There are no restrictions on the format of exhibits; however multiple-page exhibits should be limited to a maximum of five pages.

  4. Exhibits submitted as graphic PDF files, such as flow charts or organization charts, should not contain the title and exhibit number. All PDF files require an accompanying VDN. See CCDM 30.2.1.5.2.3(4) and http://spder.web.irs.gov/IRM/IRMHotTopics/Graphics.htm .

    1. PDF and TIFF files are the only types of graphic files accepted for CCDM publication.

    2. PDF files that consist solely of narrative content should generally be converted from graphics to text. The VDN required for a narrative PDF file would generally be longer than the original narrative.

  5. Forms are frequently referenced throughout the CCDM. When referring to an official form that is available electronically through the IRS forms repository http://publish.no.irs.gov/catlg.html or from other Federal government agencies including the Treasury Department, include a hyperlink to the form in the text rather than creating a figure or exhibit. When referring to forms, identify the form by number followed by title, e.g., Form 2061, Document Clearance Record. Ensure that the current version of the form is cited.

    Exception:

    Examples of completed forms can be provided as exhibits in lieu of hyperlinks where needed for explanatory purposes. They should be submitted to CC:FM:PF as an electronic PDF file.

  6. "Forms" that have not been officially numbered and published by the Media and Publication Division can be provided as exhibits when submitted as a graphic PDF file. Because their use is being prescribed by the CCDM, such "forms" should be made official; CC:FM:PF will assist in this process.

30.2.1.5.3  (01-10-2008)
Review and Clearance of CCDM Sections

  1. As authors develop new or revised CCDMs, they need to plan for formal clearance so that impacted organizations have sufficient review time before the CCDM can be finalized. Form 2061, Document Clearance Record, http://publish.no.irs.gov/getpdf.cgi?catnum=61498serves as the official record of reviewers and their comments. This document, along with substantive comments, is part of the permanent record and is stored in the IRM Historical Library.

  2. The Form 2061 should be completed by the author as described below:

    Block Number Description/Instructions
    1 The date clearance begins
    2 Linked to block 3
    3 Priority for clearance purposes, not publication
    4 Fill-in if Word document; leave blank for SGML file
    5 An X should be placed by both Internal Revenue Manual and Other. "CCDM" should be inserted after Other.
    6 The CCDM number to the section level, e.g., 30.2.1
    7 The title of the CCDM section
    8 The author/lead author’s name and phone number
    10 If "yes" is checked, provide appropriate approval authority with the Form 2061, and ensure that the new/revised subsections are clearly marked OUO
    11 Provide appropriate approval authority if "no" is checked
    12 See paragraphs (2) and (3) below
    13 List the reviewers in a logical order, with the approving official next to last. Insert IMD Coordinator, Finance & Management CC:FM:PF as the last reviewer.

  3. CCDM sections containing information relating to the disclosure of official information or "official use only" (OUO) information, must be cleared through Branches 6 or 7 in the Office of Associate Chief Counsel, Procedure & Administration. On Form 2061, block 12 b should be checked. For further information, see:

    • CCDM 30.6.1, Security and Emergency Preparedness; Security of Confidential Information, Official Documents, Tax Data, Personnel and Property http://publish.no.irs.gov/getpdf.cgi?catnum=29269

    • CCDM 37.1.2, Disclosure of Information http://publish.no.irs.gov/getpdf.cgi?catnum=39104

  4. CCDM sections containing procedures that change working conditions of Bargaining Unit employees are subject to NTEU notification and negotiation and must be cleared through the Director, Labor and Employee Relations Division CC:FM:LER. On Form 2061, block 12 d should be checked.

  5. In addition to the mandatory reviewers described above, CCDMs sections must also be cleared through the organizations the procedures or policies may affect.

  6. If the content of a new or revised CCDM is routine, allow at least 30 days for offices to review it. To help expedite the clearance time frame, it is a good business practice to inform impacted offices about unsettled issues prior to submitting the official clearance package. To do this, authors may send the file(s) to the point of contact along with an explanation of the applicable or outstanding issues.

    Note:

    Although the layout of Form 2061 suggests that the draft CCDM section should be routed in turn to the reviewers listed, the draft may be sent to all reviewers for simultaneous clearance. Individually signed clearance records would then be attached to the Form 2061 to be signed by the approving official.

  7. See CCDM 30.1.1.1.2 for the approving official for Form 2061.

30.2.1.5.4  (08-18-2006)
Non-Procedural Updates

  1. The "Non-Procedural Update" process provides a stream-lined method for revising CCDM sections to change information of a non-technical or non-legal nature.

  2. CCDM sections eligible for the non-procedural update process are those which are technically up-to-date but which require minor changes such as the following (this list is not all-inclusive):

    • Updating references to other CCDM or IRM content

    • Updating legal citations

    • Correcting errors (e.g., incorrect telephone numbers, addresses, signature formats)

    • Updating information that changes often (e.g., organizational terms, titles and symbols; website addresses; street addresses and post office box numbers; telephone numbers)

    • Reorganizing the same content on a limited basis for better flow or clarification

    • Improving the format of the CCDM (e.g., moving text to exhibits; reducing subsection levels)

    • Inserting hyperlinks in lieu of exhibits

    • Improving the quality of graphics used in CCDM figures and exhibits

    • Bi-annual certification that the CCDM has been reviewed and is technically up to date

  3. CCDM revisions that are not eligible for the "non-procedural update" process include:

    • Any type of change relating to policy matters and delegations of authority

    • Matters requiring clearance outside the CCDM owner’s division or function

    • Matters requiring clearance from Disclosure

    • Matters requiring clearance from Labor and Employee Relations

    • Incorporation of material from Notices

    Exception:

    If the material in the Notice was presented as CCDM text, complete with subsection titles and numbers, the CCDM revision can be processed as a "non-procedural update" . However, Form 2061 must be submitted in lieu of Form 178 when the Notice is cleared.

  4. CCDM sections eligible for the non-procedural update process may be revised or cancelled by either a subordinate officer to the original approval level or CC:FM:PF. Clearance levels on Form 2061 are limited to the chain of command between the author and the subordinate officer, and CC:FM:PF.

  5. Division Counsels and Associates Chief Counsel may delegate this approval authority for non-procedural updates to a specific individual or organizational level on a permanent basis by notifying CC:FM:PF.

  6. Along with the changed text, the non-procedural update process requires a Manual Transmittal, Form 2061 and Form 1767 (see following subsection).

30.2.1.5.5  (08-18-2006)
Final Review and Publication

  1. CCDM sections, whether new, revised, or being made obsolete, are issued as needed; there is no schedule established. Publication dates will depend on the amount of time required for clearance, administrative review of the package, and SGML conversion of the material. Projected publication time frames in the first quarter of the fiscal year may be impacted by the publication of filing season IRM sections, which take precedence over all other IRM or CCDM materials.

  2. CCDM sections, whether new, revised, or being made obsolete, should be submitted to CC:FM:PF with the accompanying supporting documents (described in paragraphs (3) and (4).

  3. Form 2061, Document Clearance Record , is prepared by the author and ensures that the material is seen and approved by the appropriate organizations and positions. See CCDM 30.2.1.5.3 for guidelines, and CCDM 30.2.1.3.1 for the approving official for Form 2061. The original signed Form 2061 must be submitted to CC:FM:PF.

    Note:

    If the section was distributed for simultaneous clearance, the original of each Individually signed clearance record must be attached to the Form 2061 signed by the approving official.

  4. Form 1767, Publishing Services Requisition , which can be found at http://publish.no.irs.gov/getpdf.cgi?catnum=61490, is prepared by the author. The following blocks should be completed:

    Block Number Description/Instructions
    3 The title of the CCDM section
    4 The CCDM number to the section level, e.g., 30.2.1
    5 The 5-digit catalog number followed by a letter, which is listed in the Numerical Index. For new CCDM sections, contact CC:FM:PF.
    6 The date the approving official signed the Form 2061
    7 May be checked "Yes" only when appropriate approval authority was provided for Blocks 10 and/or 11 on Form 2061
    9 Insert CD; SGML file
    11 Insert IMD Coordinator, CC:FM:PF
    18 Check "Other – Use Block 21"
    19 Provide a description of the entire CCDM section, not the reason for the revision. This information will be posted on the first page of the Numerical Index for the CCDM section. The last line should read Intended audience: Chief Counsel
    20 Repeat the information from the Effect on Other Documents element in the Manual Transmittal.
    21 Insert CCDM is to be AVAILABLE ELECTRONICALLY ONLY. NO printed copies distributed.
    22, 23, 24 The author/lead author’s name, office symbols, and phone number. This information will be posted on the first page of the Numerical Index for the CCDM section.
    25 The author/lead author’s email address, for use by Media and Publications to provide publication status to the author.
    26 The applicable information for a contact person in the organization (or IMD Coordinator, CC:FM:PF can be inserted)

  5. Both an electronic copy and a paper copy of the CCDM material should be submitted.

  6. CC:FM:PF will do a final review of the CCDM section for conformance to CCDM and IRM publication requirements and will contact the author if any modifications are needed. CCDM sections submitted as Word documents will be converted to SGML.

  7. CC:FM:PF will forward the final package to Media and Publications. Approximately 2-4 weeks later the CCDM will be posted on the IRM Numerical Index website, to be followed bywww.irs.gov, etc.

30.2.1.5.6  (08-18-2006)
Continuing Review of Published CCDM Sections

  1. Periodically , the issuing office will review CCDM sections they have published to determine whether the CCDM section continues to remain current or whether existing information needs to be revised or deleted, or new information added.

  2. On an annual basis, CC:FM:PF will coordinate a formal review of CCDM sections that have Manual Transmittal dates two or more years older than the current year. The issuing office will take the necessary action to review the contents in the CCDM.

  3. If the existing content is current and requires no changes, the author will follow the "Non-Procedural Update" process in CCDM 30.2.1.5.4.

    1. The Nature of Changes element in the Manual Transmittal should contain certification that the section has been reviewed and the contents remain current.

    2. When CC:FM:PF submits the CCDM section to Media and Publications, it will change the date of the first subsection to match the date of the signed Form 2061.

  4. If changes are required, the author will follow the normal process to revise the section.

30.2.1.5.7  (08-18-2006)
Requesting Changes or Deviations

  1. Any request for changes to a CCDM section, e.g. procedural modifications or error corrections, should be submitted to the author identified in the numerical index.

    Note:

    Requests for new CCDM sections should be submitted to the Associate Chief Counsel/Division Counsel responsible for the program.

  2. Sometimes national program guidance may not work for all offices in all areas of the country because of special needs or other considerations. If this is the case, the head of that office or organization may request permission to deviate from the official procedures set forth in the CCDM.

  3. Any request for a deviation from the CCDM must be approved by the organization who "owns" the CCDM process (normally the Part Manager, see CCDM 30.2.1.5.1). A written request must be submitted from the head of office to the Associate Chief Counsel/Division Counsel responsible for the program.

Exhibit 30.2.1-1  (10-19-2006)
Notice Template

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Exhibit 30.2.1-2  (08-18-2006)
Form 178, Clearance Record

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Clearance Record

Exhibit 30.2.1-3  (10-19-2006)
Model Language for CCDM Manual Transmittals

MANUAL TRANSMITTAL 3X.X.X
Month DD, YYYY
         
PURPOSE  
  (1) This transmits new/revised CCDM 3X.XX.X, Chapter Title; Section Title.
BACKGROUND  
  (1) This material is being issued/revised as a result of (law, regulation, organizational changes).
NATURE OF CHANGES/ NATURE OF MATERIAL
  (1) CCDM 3X.XX.X is being issued/ revised to provide current policy on ___________ for the Office of Chief Counsel as a result of _________.
  (2) CCDM 3X.XX.X.1.2.3 is being issued/ revised to incorporate procedures that were ________________.
  (highlight important features of the procedures being issued; identify significant changes in organizations and functions; provide authority for issuing/changing procedures; provide audit trail for CC Notices/memoranda being incorporated)
EFFECT ON OTHER DOCUMENTS
  (1) CCDM 3X.X.X, dated MM-DD-YYYY, is superseded. (When this section is revised)
  (2) CCDM 3Y.Y.Y, dated MM-DD-YYYY, is superseded. (When this section replaces material currently found in another section)
  (3) This section supersedes Chief Counsel Notice ______, dated MM-DD-YYYY. (If applicable)
  (4) This obsoletes CCDM 3X.X.X, dated MM-DD-YYYY. (When the section is obsolete)
  (5) This obsoletes CCDM 3X.X.X, dated MM-DD-YYYY. The content was superseded by CCDM Z.Z.Z, dated MM-DD-YYYY. (When the section is obsoleted by another section; both Manual Transmittals must contain this information.)
AUDIENCE  
  Chief Counsel
         
      Associate Chief Counsel
(ABC)
         
________________________    
Supersede and obsolete are specific CCDM/IRM terms; they are not inter-changeable.

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