SECTION 13. HOW ARE

REQUESTS FOR TECHNICAL ADVICE WITHDRAWN?

Taxpayer notified .01 Once a request for technical advice has been sent to EP or EO Technical, only an EP or EO Examinations Area manager, EP or EO Determinations manager or a chief, appeals office, may withdraw a request for technical advice. He or she may ask to withdraw a re

2000–1 I.R.B. 173 January 3, 2000

quest at any time before the responding transmittal memorandum transmitting the technical advice is signed.

The EP or EO Examinations Area manager, EP or EO Determinations manager or the chief, appeals office, as appropriate, must notify the taxpayer in writing of an intent to withdraw the request for technical advice except (1) when the period of limitations on assessment is about to expire and the taxpayer has declined to sign a consent to extend the period, or (2) when such notification would be prejudicial to the best interests of the Government.

If the taxpayer does not agree that the request for technical advice should be withdrawn, the procedures in section 12 of this revenue procedure must be followed.

EP or EO Technical .02 When a request for technical advice is withdrawn, EP or EO Technical may send may provide views its views to the EP or EO Examinations or EP or EO Determinations or chief, appeals office, when acknowledging the withdrawal request. In an appeals case, acknowledgment of the withdrawal request should be sent to the appropriate appeals office, through the National Director of Appeals, C:AP. In appropriate cases, the subject matter may be published as a revenue ruling or as a revenue procedure.