SECTION 9. NO LMSB PFA

EXECUTED

.01 Accelerated issue resolution . If the Service and the taxpayer cannot agree upon and execute an LMSB PFA with

respect to an issue, either before or after the filing of the return to which the LMSB PFA relates, and the Service subsequently disagrees with the taxpayer’s treatment of the issue on such return, the taxpayer and the Service may continue their efforts to reach an agreement using post filing procedures, such as the Accelerated Issue Resolution (AIR) procedures under Rev. Proc. 94–67, 1994–2 C.B. 800. This continuation of the resolution process does not require a new application.

.02 Administrative appeals . If the Service and the taxpayer are unable to resolve an issue by an LMSB PFA or an AIR agreement, the taxpayer may pursue an administrative appeal either by requesting an Early Referral to Appeals under procedures set forth in Rev. Proc. 99–28, 1999–2 C.B. 109, or by protesting any proposed deficiency related to the issue.