IRS Launches Helpful Learning Resource on the New Rules Governing Partnership Audits... [ read ]
Yesterday the IRS launched a new website for taxpayers and tax practitioners seeking information on the centralized partnership audit regime. As many of you will recall, in 2015 Congress exchanged one set of overly-complicated audit rules applicable to partnerships, known as TEFRA, with a different but comparably complicated set of partnership audit rules known as BBA (after the enacting legislation, the Bipartisan Budget Act). The new audit regime is generally effective for tax years beginning January 2018.
Using the Substantial Compliance Doctrine to Defeat the IRS... [ read ]
On August 17th, the Tax Court held in favor of the taxpayers regarding a $4 million charitable contribution deduction for donating land to a town in Emanouil v. Commissioner, T.C. Memo 2020-10. The IRS had challenged the taxpayer's deduction for a number of reasons including the taxpayers' appraisals did not include all the required information and therefore failed to comply with the qualified appraisal requirements. In holding for the taxpayers, the Tax Court cited the taxpayer-friendly substantial compliance doctrine.
New Senate Committee Report Delivers More Bad News for Syndicated Conservation Easement Transactions... [ read ]
As if the onslaught of recent losses in Tax Court was not enough, investors in syndicated conservation easements now have more to worry about. On August 25, 2020, the Senate Finance Committee released a bipartisan report condemning syndicated conservation easements as abusive and encouraging the IRS to take further action to ferret out such abuses.
Second Verse, Same as the First: The IRS Sends Another Wave of Warning Letters Regarding Virtual Currency... [ read ]
As previously reported (Prior Blog Post), last summer the IRS sent letters to taxpayers with virtual currency transactions that potentially failed to report income and pay the resulting tax from those transactions or did not report them properly. Well as the old saying goes, 1 is good, but 2 is better, as this summer the IRS initiates a second wave of letters to cryptocurrency users that suggest they may have misreported their transactions.
Debt Relief: Breaking Down the Tax Aspects of Covid-19's Economic Impact – Part V, Application of Section 108... [ read ]
Parts I–IV of this series have presented a general discussion of what constitutes indebtedness, the general consequences of significant modifications of indebtedness, and a number of statutory and congressionally-enacted exceptions to cancellation of indebtedness income ("COD Income"). This installment will build on these concepts and discuss in a more pragmatic manner the application of the statutory exceptions to COD Income in Section 108 of the Internal Revenue Code (the "Code").
Form 8275 Disclosure Statement: A Tax Practitioner's Best Friend Forever... [ read ]
There is no denying it. My Best Friend Forever, my BFF, is IRS Form 8275 – which I affectionately call Disclosure Statement. The reason being, Form 8275 keeps me and my clients (mostly) out of trouble. And it can do the same for you and your clients.
IRS Releases 2020 Dirty Dozen List: What Made the Cut?... [ read ]
Sometimes it better not to be noticed. And that is certainly true when it comes to the IRS' Dirty Dozen list – the IRS' proverbial "naughty" list of abusive transactions, fraudulent schemes, and criminal scams. In the list for 2020 released today, the IRS focuses on scams that target taxpayers. And for the first time since 2014, the IRS leaves off one allegedly-abusive transaction.
The IRS Publishes a Roadmap for Bipartisan Budget Act (BBA) Partnership Audits... [ read ]
On July 6th, the IRS published a BBA Roadmap for Taxpayers to assist partnerships subject to the centralized partnership audit regime. The centralized partnership audit regime was created in the Bipartisan Budget Act of 2015 and applies to partnership tax years beginning after December 31, 2017. Although the IRS has already started some BBA audits, the release of the roadmap is likely an indication that more partnership audits will be starting soon.
IRS Releases Practice Unit on Reasonable Cause and Good Faith Defenses to Penalties... [ read ]
On July 2, 2020, the IRS released a practice unit addressing a taxpayer's reasonable cause and good faith defenses to civil penalties. IRS practice units are developed through internal collaboration and serve as both job aids and training materials on tax issues. Practice units provide a general discussion of a concept, process or transaction and are a means for collaborating and sharing knowledge among IRS employees. A list of the IRS practice units can be found here. Although practice units are not official pronouncements of law or directives and cannot be used, cited or relied upon, they provide insight to taxpayers and tax advisors.
Working With the New IRS Independent Office of Appeals... [ read ]
On July 1, 2019, the Taxpayer First Act was signed into law and among other things, it established the "Internal Revenue Service Independent Office of Appeals". The IRS Office of Appeals has been around for almost 100 years and has generally been independent. However, the Taxpayer First Act codified the Office of Appeals and its long-standing purpose and duties, i.e., " to resolve tax controversies, without litigation, on a basis which is fair and impartial to both the Government and [the taxpayer] in a manner that will enhance voluntary compliance and [public confidence} in the integrity and efficiency of the Service".
