We often get questions as to whether IRS agents can contact various third parties during the course of an IRS audit. The general rule is that IRS agents can in fact contact third parties. And they sometimes do. The ability to do this is limited and it does not exempt IRS agents from the confidentiality… Continue reading IRS Agents Contact Third Parties During IRS Audit
Category: IRS Audits
About IRS Audits
The IRS uses the audit process to increase the amount of tax you owe. It is an adversarial process and should be handled accordingly.
This page covers recent cases, rulings, and guidance for IRS audits. Scroll down to read the articles.
If you want to read more about IRS audits or see how we can help, you can read this page about IRS audits.
Otherwise, if you need help dealing with an IRS audit, please schedule an appointment with our tax attorneys online. You can also call us at (713) 909-4906.
IRS Audit Adjustments That Change Accounting Methods
Given the potential for the adjustments to trigger extremely large tax liabilities, accounting method changes made by the IRS on audit can be doomsday scenarios for unwary taxpayers. In Nebeker v. Commissioner, T.C. Memo. 2016-155, the court addressed a common situation where the IRS makes an adjustment on audit that is an accounting method, but… Continue reading IRS Audit Adjustments That Change Accounting Methods
The Benefits of IRS’s Streamlined Procedures for Reporting Foreign Accounts
Given its limited resources and ability to detect foreign assets, accounts and income, the IRS has offered various voluntary programs to entice taxpayers to come clean and report this information. The IRS’s OVDP program and the more recent streamlined procedures are two examples. The Maze v. Internal Revenue Service, Nos. 15-1806 (D.D.C. 2016), highlights several[…]
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Court Says Five IRS Audits in Ten Years is Not Harassment
In Appenrodt v. United States, No. 3:16-cv-02010-LB (N.D. Cal. 2016), the court concluded that the IRS did not harass a taxpayer by subjecting the taxpayer to five audits in ten years. The facts and procedural history of the case are as follows: The IRS audited Mr. Appenrodt’s individual income tax returns for tax years 2005-2008.[…]
The post Court Says Five IRS Audits in Ten Years is Not Harassment appeared first on Houston Tax Attorney: Texas Lawyer.
Five IRS Audits in Ten Years is Not Harassment
There are times when the IRS does not act reasonably. It happens. There are also instances where a few IRS employees take it upon themselves to thoroughly examine all aspects of the taxpayer’s finances. Taxpayers do have rights, but these rights only go so far. This brings us to the Appenrodt v. United States, No.… Continue reading Five IRS Audits in Ten Years is Not Harassment
A Look at the IRS Automated Underreporter Program
The IRS uses a computer matching system to make various tax adjustments. The IRS refers to this as its automated underreporter program. This program adjusts millions of taxpayer accounts each year. The program generally goes unnoticed, until there is a problem. The Newman v. Commissioner, T.C. Memo. 2016-125, case provides an example of how this… Continue reading A Look at the IRS Automated Underreporter Program
IRS Tax Assessment Overturned Because Notice Not Property Mailed
In Buffano v. United States, T.C. Memo. 2016-122, the U.S. Tax Court concluded that that the taxpayer was not liable for tax because the IRS failed to properly assess the tax because the IRS did not mail notices of the tax deficiencies to the taxpayer’s last known address. This case is a good example of… Continue reading IRS Tax Assessment Overturned Because Notice Not Property Mailed
Court Affirms that Tax Prepearer Fraud Holds Open Assessment Statute
In Finnegan v. Commissioner, T.C. Memo. 2016-118, the U.S. Tax Court refused to reconsider its previous decision that a tax return preparers fraud keeps the statute of limitations open on the taxpayer’s Federal income tax return. Facts & Procedural History On February 7, 2013, the IRS issued a notice of deficiency for tax years 1994-2001.… Continue reading Court Affirms that Tax Prepearer Fraud Holds Open Assessment Statute
IRS Limits Ability to Submit Informal Refund Claims During Audits
The IRS released Publication 5125, Large Business & International Examination Process, which describes the IRS audit process and the new change for taxpayers submitting informal refund claims during the audit. The Publication continues the IRS’s prior policy of cooperation, responsiveness, and transparency in conducting audits. The Publication re-iterates the IRS’s expectations for its examiners and… Continue reading IRS Limits Ability to Submit Informal Refund Claims During Audits
Limits on IRS’s Ability to Ask for Records Multiple Times
If the IRS conducts an audit for one year and reviews records, but fails to keep the records and then conducts an audit for a second year, is the taxpayer obligated to provide a second copy of the records the IRS failed to keep from the first year? The court addressed this in United States v.… Continue reading Limits on IRS’s Ability to Ask for Records Multiple Times