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The Estate Tax Attorney will notify the Estate and Gift WSD DATL Coordinator by secured email that a proposed rejected offer was sent to Technical Services for review. For Technical Services IAR procedures. See IRM 4/8.8/8.2, Independent Administrative Review Procedures for Rejected Offers.


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Estate and Gift Whistleblower claims determined by the Whistleblower Office to be Whistleblower Type B referrals are mailed to the Estate and Gift WSD Whistleblower Coordinator. Refer to IRM 25/2.1/3.6, Selecting a Claim.


Standard 3-1.1 The Scope and Function of These Standards

The IRS must administer the law with integrity and fairness to all taxpayers. Under TBOR, IRS employees must exercise professional judgment in conducting enforcement activities.

If it is determined that the prosecutor should nevertheless continue to act in the matter, the prosecutor and supervisors should consider whether any disclosure to a court or defense counsel should be made, and make such disclosure if appropriate. Close cases should be resolved in favor of disclosure to the court and the defense.


The Coordinator will review the referral for audit potential. The spreadsheet will be updated to reflect if the referral has been selected for field review or rejected and in comments will include the reason for selection or non-selection consistent with IRM 4/25/3.4/2, Selection and Non-Selection Decisions.

If the research by the Estate and Gift WSD Paralegal determines an inconsistency or improper election, the Estate and Gift WSD Paralegal will notate these findings in a memorandum to the return file and order the first-to-die spouse’s estate tax return file. These documents will be reviewed by the Estate and Gift WSD DSUE Coordinator to determine whether the return should go to the field for examination of the ported DSUE amount.


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The Estate and Gift WSD Supervisory Attorney (or designee) or Estate and Gift WSD National Gatekeeper will review 10% of employee classification efforts and survey decisions to ensure selects and non-selects adhere to examination case selection policy. Such reviews will be conducted while the classifier is on-site and feedback will be provided to the classifier. The review will be documented in a memorandum or feedback form.


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Identification of cases – To ensure an equitable process for all taxpayers, fairness and integrity are built into the return identification process. The primary source of cases with examination potential are filed estate (Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return) and gift (Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return) tax returns. All estate tax returns are manually classified to determine whether there are issues for examination. For gift tax returns, as well as other sources of potential cases, Estate and Gift WSD receives data. A combination of methods, including automated processes, historical data, data-driven algorithms, employee technical expertise, and third party information is used to identify cases for classification.


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Standard 3-2.2 Assuring Excellence and Diversity in the Hiring, Retention, and Compensation of Prosecutors

A prosecutor should not use other improper considerations, such as partisan or political or personal considerations, in exercising prosecutorial discretion. A prosecutor should strive to eliminate implicit biases, and act to mitigate any improper bias or prejudice when credibly informed that it exists within the scope of the prosecutor’s authority.


A prosecutor should not engage in unauthorized ex parte discussions with, or submission of material to, a judge relating to a particular matter which is, or is likely to be, before the judge. With regard to generalized matters requiring judicial discussion (for example, case-management or administrative matters), the prosecutor should invite a representative defense counsel to join in the discussion to the extent practicable.

The National Gatekeeper will notify Group Manager receiving the Whistleblower Type B referral and the Estate and Gift WSD Whistleblower Coordinator via secured email that the referral is being assigned to the field group. The secured email will include the name and taxpayer identification number of the taxpayer and the Whistleblower claim number.


Flashing Module via Weblink Desktop: The iDatalink Maestro RR2 (ADS-MRR2) will need to be loaded with correct firmware before installation. The included USB cable plugs into your computer and allows you to "flash" the Maestro RR2 with the appropriate firmware to prepare it for installation. Simply download Weblink Desktop (for Windows and Mac) onto your computer to access the appropriate firmware.

The prosecutor should be provided with funds for qualified experts as needed for particular matters. When warranted by the responsibilities of the office, funds should be available to the prosecutor’s office to employ professional investigators and other necessary support personnel, as well as to secure access to forensic and other experts.


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Final control over the scheduling of court appearances, hearings and trials in criminal matters should rest with the court rather than the parties. When the prosecutor is aware of facts that would affect scheduling, the prosecutor should advise the court and, if the facts are case-specific, defense counsel.

The prosecutor has a duty to defend convictions obtained after fair process. This duty is not absolute, however, and the prosecutor should temper the duty to defend with independent professional judgment and discretion. The prosecutor should not defend a conviction if the prosecutor believes the defendant is innocent or was wrongfully convicted, or that a miscarriage of justice associated with the conviction has occurred.


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If requested to make such a recommendation, the prosecutor should consider instead referring the person to the public defender, or to a panel of available criminal defense attorneys such as a bar association lawyer-referral service, or to the court. In the rare case where a specific recommendation is made by the prosecutor, the recommendation should be to an independent and competent attorney, and the prosecutor should not make a referral that embodies, creates or is likely to create a conflict of interest. A prosecutor should not comment negatively upon the reputation or abilities of a defense counsel to an accused person or witness who is seeking counsel in a case being handled by the prosecutor’s office.


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The prosecutor should be aware, and explain to the expert, that all communications with, and documents shared with, a testifying expert may be subject to disclosure to opposing counsel. The prosecutor should be aware of expert discovery rules and act to protect confidentiality and the public interest, for example by not sharing with the expert confidences and work product that the prosecutor does not want disclosed.


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When the 706-GS (D) case is fully established on AIMS/ERCS, the Estate and Gift WSD Paralegal will place cases on the National Inventory Wall. The National Gatekeeper will fill field group orders with these cases consistent with procedures for filling orders. Refer to IRM 4/25/3.10/2, Filling Orders and Surveying Cases.

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The prosecutor should not seek to commit jurors on factual issues likely to arise in the case, and should not intentionally present arguments, facts or evidence which the prosecutor reasonably should know will not be admissible at trial. Voir dire should not be used to argue the prosecutor’s case to the jury, or to unduly ingratiate counsel with the jurors.

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To ensure an equitable process for all taxpayers, return selection decisions are made utilizing available experience and/or statistics indicating the probability of substantial error. No one individual can control the examination selection decision-making process. We limit involvement to only those employees whose duties require them to be included.


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The National Gatekeeper will oversee classification sessions, assist classifiers, and answer technical and procedural questions. The National Gatekeeper is not a classifier.

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At a minimum such policies should require internal reporting of reasonably suspected misconduct to supervisory staff within the office, and authorize supervisory staff to quickly address the allegations. Investigations of allegations of professional misconduct within the prosecutor’s office should be handled in an independent and conflict-free manner.


Return Preparer referrals are received from the Return Preparer Office (RPO) and are submitted to the Estate and Gift WSD Return Preparer Coordinator for review. The Return Preparer Office maintains a central depository for these referrals which may originate from other sources, including the Office of Professional Responsibility, the Lead Development Center, other Business Units and the public. Referrals from RPO may include Form 14157, Return Preparer Complaint, or a Form 14426, Return Preparer Office (RPO) Referral.

Standard 3-1.3 The Client of the Prosecutor

Programmable Outputs: The ADS-MRR2 features three programmable outputs which can be configured to control aftermarket accessories one may add to the vehicle from an iDatalink Serial Port compatible Kenwood, JVC, Alpine, Sony, or Pioneer in-dash receiver. These outputs can be configured to Latch, Toggle, Follow a CAN signal in the car (firmware dependent), or have a custom output configuration. You can even configure Delay On and Delay OFF times for each output. You can also assign a steering wheel control button from the vehicle to control one of these outputs.


The Estate and Gift WSD DATL Coordinator will update AOIC remarks with withdrawal (letter or other form) effective date and date withdrawal acknowledgment letter mailed to the taxpayer, and assignment to "EG Close". For Technical Services withdrawal procedures, see IRM 4/8.8/8.3, Withdrawn Offers.

For non-selected information referrals, the paper file will be mailed to the Estate and Gift WSD Paralegals to retain for the required retention period and then destroyed. Refer to IRM 1/15/3.2, Destroying Records in the Custody of the IRS, IRM 1/15/2.6, Where can I find the Records Control Schedules, and Document 12990, Records and Information Management Records Control Schedules.


Standard 3-1.4 The Prosecutor’s Heightened Duty of Candor

When physical evidence is delivered to the prosecutor consistent with Defense Function Standard 4-4/7, the prosecutor should not offer the fact of delivery as evidence before a fact-finder for purposes of establishing the culpability of defense counsel’s client. The prosecutor may, however, offer evidence of the fact of such delivery in response to a foundational objection to the evidence based on chain-of-custody concerns, or in a subsequent proceeding for the purpose of proving a crime or fraud regarding the evidence.

The prosecutor should not make objections without a reasonable basis, or for improper reasons such as to harass or to break the flow of opposing counsel’s presentation. The prosecutor should make an adequate record for appeal, and consider the possibility of an interlocutory appeal regarding significant adverse rulings if available.


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Sponsors provided anonymized data on mortality and baseline characteristics for each patient in the RCT(s) and were responsible for data monitoring, reviewing, and quality. IPD were reviewed for integrity and recoded as necessary to facilitate harmonization of variables and definitions across datasets. Previously unreported vital status data received after the approval of the SAP were included in sensitivity analyses. Institutional review board approval was not required for this IPD meta-analysis.

The obligation to protect taxpayer privacy and to safeguard the information taxpayers entrust to us is a fundamental part of the mission of the IRS which requires that employees apply the tax law with integrity and fairness to all. Taxpayers have the right to expect that the information they provide will be safeguarded and used only in accordance with the law.


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The WSD Paralegal will research IDRS to determine if any advance payment on the deficiency has been made by the taxpayer. If a payment is posted to the account, the Estate and Gift WSD Offshore Coordinator will send a request to the Campus for input of transaction code 570 on the account to the email box: *SB/SE Estate & Gift 6166, with "Offshore" in the subject line. This process ensures the payment on the account is not refunded and held until the examination is completed.

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At every stage of representation, the prosecutor should take steps necessary to make a clear and complete record for potential review. Such steps may include: filing motions including motions for reconsideration, and exhibits; making objections and placing explanations on the record; requesting evidentiary hearings; requesting or objecting to jury instructions; and making offers of proof and proffers of excluded evidence.

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The Campus will send cases to the appropriate field office, accompanied by a Form 3210, Document Transmittal, indicating the number of returns included with each shipment. An AIMS status label will be attached to Form 5348, AIMS/ERCS Update, for each return.


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Bluetooth Updates (Coming Soon; no ETA): Using Bluetooth, you will be able to re-configure the iDatalink Maestro RR2 and adjust any settings you may have missed during your initial Weblink Destop setup, such as changing a SWC command. In addition, firmware & software updates can be done via a wireless Bluetooth connection. However, initial setup and flashing of the Maestro RR2 module should be done using the Weblink Destop application on your Windows PC or Mac computer (see above).


For Whistleblower Type A referrals surveyed by the National Gatekeeper, the National Gatekeeper will complete the Form 11369 and submit by secured email to the Estate and Gift WSD Whistleblower Coordinator to forward to the Whistleblower Analyst assigned to the referral. The National Gatekeeper will follow survey procedures in this section and IRM 4/25/3.10/2, Filling Orders and Surveying Cases.

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To ensure fairness to each taxpayer whose return is selected, individual return selection decisions are based on the information contained on the taxpayer’s return and/or the underlying relevant tax law. Managerial as well as quality reviews of selection decisions occur during each phase of the selection and assignment process.


For selected GHW referrals, the Estate and Gift WSD GHW Coordinator will complete the GHW Risk Assessment Referral form with a written summary of the facts and issues presented to include in the file. The Estate and Gift WSD GHW Coordinator will send via secured email to an Estate and Gift WSD Paralegal the information necessary to establish the AIMS/ERCS record. The Estate and Gift WSD Paralegal will establish the case on AIMS/ERCS, including the applicable tracking code, and case build the file. Refer to SFR procedures IRM 4/4.9/6, Substitute for Return, for establishing non-filer cases. Once the case is established on AIMS/ERCS, it will be placed on the National Inventory Wall.

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Policy Statement 4-21, Selection of Returns for Examination, states that the primary objective in selecting returns for examination is to promote the highest degree of voluntary compliance on the part of the taxpayers. This requires the exercise of professional judgment in selecting sufficient returns of all classes of returns in order to assure all taxpayers of equitable consideration, in utilizing available experience and statistics, indicating the probability of substantial error, and in making the most efficient use of examination staffing and other resources.

It may be necessary to request that the Estate and Gift WSD Paralegal create AIMS/ERCS control before assignment. Also, if the case was previously examined and closed, it may be necessary to designate the case as "audit reconsideration", "claim for refund" or "abatement", based on the facts of the request.


The prosecutor should conduct a fair evaluation of post-trial motions, determine their merit, and respond accordingly and respectfully. The prosecutor should not oppose motions at any stage without a reasonable basis for doing so.

IRM 1/11/2.2/1, Supplemental Sources of Guidance, provides that organizations may issue supplemental guidance and local procedures to employees when the primary guidance is in the IRM. Supplemental guidance contains information that details how to perform or review a task. Supplemental sources must comply with published guidance and not supersede the IRM.


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The prosecutor’s interview of most routine or government witnesses (for example, custodians of records or law enforcement agents) should not require a third-party observer. But when the need for corroboration of an interview is reasonably anticipated, the prosecutor should be accompanied by another trusted and credible person during the interview. The prosecutor should avoid being alone with any witness who the prosecutor reasonably believes has potential or actual criminal liability, or foreseeably hostile witnesses.


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Absent a legitimate law enforcement purpose, the prosecutor should not display the accused for the media, nor should the prosecutor invite media presence during investigative actions without careful consideration of the interests of all involved, including suspects, defendants, and the public. However, a prosecutor may reasonably accommodate media requests for access to public information and events.


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To ensure an equitable process for all taxpayers, fairness and integrity are built into the foundation of our enforcement selection processes. These processes operate under a comprehensive set of checks and balances and safeguards to identify the highest potential non-compliance using scoring mechanisms, data driven algorithms, third party information, whistleblower information and information provided by the taxpayer. No one individual can control the enforcement selection decision-making processes, and involvement is limited to only those employees whose duties require involvement. This produces processes that are impartial and applied consistently to each taxpayer return.


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The Estate and Gift WSD Return Preparer Coordinator will review the referral for audit potential which is limited to the application of penalties per IRC Sections IRC 6694 and IRC 6695 (preparer), IRC 6695A (appraiser), and IRC 6701 (aiding and abetting). The Coordinator should be familiar with IRM 20/1.6, Preparer, Promoter, Material Advisor Penalties, and IRM 4/11/51, Return Preparer Program, dealing with preparer penalties. The statute of limitations on assessment for IRC 6694(a), IRC 6695 and IRC 6695A expires three years from the date the related return or claim for refund was filed.

The Estate and Gift WSD Fed/State Coordinator will send the state return data to the Exam Case Selection Senior Tax Data Analyst to compare with available IRS data to determine if there are any non-filers or potential under-reporter cases. Any non-filer or potential under-reported leads are returned to the Estate and Gift WSD Fed/State Coordinator.


During classification, classifiers will determine if the IRC 2032A requirements have been met. If all IRC 2032A requirements have been met and there are no other issues pending, the return may be accepted as filed at classification. The form should be stamped to indicate that it is "Accepted as Filed".

Standard 3-2.5 Removal or Suspension and Substitution of Chief Prosecutor

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All classification decisions, selects and non-selects (accepted as filed) are documented. Cases selected for examination require a classification sheet or memorandum to document the reason for selection.

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Such policies should be consistent with applicable rules and laws (such as public records laws) in the jurisdiction. These policies, and individual preservation decisions, should consider the character and seriousness of each case, the character of the particular evidence or information, the likelihood of further challenges to judgments following conviction, and the resources available for preservation. Physical evidence should be preserved so as to reasonably preserve its forensic characteristics and utility.

The prosecutor should not advise any person, or cause any person to be advised, to decline to provide defense counsel with information which such person has a right to give. The prosecutor may, however, fairly and accurately advise witnesses as to the likely consequences of their providing information, but only if done in a manner that does not discourage communication.


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If the Estate and Gift WSD Coordinator determines that the referral requires further review, the Estate and Gift WSD Whistleblower Coordinator will mail the file to the Estate and Gift WSD Paralegal. Within 14 days of receipt, the Estate and Gift WSD Paralegal will establish the referral on ERCS using status code 09 and source code 45.

The Prompt Assessment Coordinator will confirm the statute on the gift tax returns subject to the prompt assessment request. The Prompt Assessment Coordinator will confirm the correct statute date on AIMS/ERCS.

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If all IRC 6166 requirements have been met and there are no other issues pending, the return may be Accepted as Filed during classification. The return should be stamped to indicate that it is Accepted as Filed. These returns will be sent to the Campus for processing of the lien package and closure of the return.


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A prosecutor acting as such a media commentator should make reasonable efforts to be well-informed about the facts of the matter and the governing law. The prosecutor should not offer commentary regarding the specific merits of an ongoing criminal prosecution or investigation, except in a rare case to address a manifest injustice and the prosecutor is reasonably well-informed about the relevant facts and law.


In felony cases, materials should be preserved until post-conviction litigation is concluded or time-limits have expired. In death penalty cases, information should be preserved until the penalty is carried out or is precluded.

The prosecutor should consider collateral consequences of a conviction before entering into a disposition agreement. The prosecutor should consider factors listed in Standard 3-4/4(a), and not be influenced in disposition discussions by inappropriate factors such as those listed in Standards 3-1/6 and 3-4/4(b).


No other benefits should be provided to witnesses unless authorized by law, regulation, or well-accepted practice. All benefits provided to witnesses should be documented and disclosed to the defense. A prosecutor should not pay or provide a benefit to a witness in order to, or in an amount that is likely to, affect the substance or truthfulness of the witness’s testimony.

Estate and Gift WSD employees have the ongoing responsibility to ensure that all taxpayer rights are protected and observed, whether these rights are mandated by statute or provided as a matter of policy. For more information refer to IRM 4/10/1.2, Taxpayer Rights.


At the conclusion of the examination, the field examiner will mail the Whistleblower Type B award file and completed Form 11369 to the Estate and Gift WSD Whistleblower Coordinator. Refer to IRM 4/25/11/9.3, Whistleblower Closing Procedures. It is the responsibility of the Estate and Gift WSD Whistleblower Coordinator to review this file for completeness and to mail the file to the Whistleblower Office.

The prosecutor should consider seeking such funding from all appropriate sources. If workload exceeds the appropriate professional capacity of a prosecutor or prosecutor’s office, that office or counsel should also alert the court(s) in its jurisdiction and seek judicial relief.


The prosecutor should prepare to effectively discharge the prosecution function in the selection of the jury, including exercising challenges for cause and peremptory challenges. The prosecutor’s office should also be aware of the process used to select and summon the jury pool and bring legal deficiencies to the attention of the court.

For classification sessions involving visiting Estate Tax Attorney classifiers, Estate and Gift WSD will send an email prior to classification to each visiting Estate Tax Attorney classifier with the information needed for the classification detail. The classifier is responsible for reviewing this information and any other information provided by Estate and Gift WSD prior to the classification detail.


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Absent special circumstances, such investigation should be restricted to review of records and sources of information already in existence and to which access is lawfully allowed. If the prosecutor uses record searches that are unavailable to the defense, such as criminal record databases, the prosecutor should share the results with defense counsel or seek a judicial protective order.

Purpose—IRM 4/25/3, Estate and Gift Tax, Planning, Classification, and Selection, establishes clear and consistent procedures for documentation of case selection, non-selection and survey decisions. IRM also establishes the related review and approval requirements for those decisions when providing cases for compliance activity.


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