The fear of being audited by the Internal Revenue Service (“IRS”) looms large for many taxpayers. The IRS releases general statistics regarding audits, but how much do these numbers truly reveal about an individual’s chances of being audited? This article will delve into the most recent IRS statistics, explore their implications, and provide an informed…
Tax Articles
IRS Statistics for Audit and Enforcement Rates
While the IRS does not release many of the factors that it uses to identify taxpayers for tax audits, the IRS does release general statistics that can help gauge a taxpayer’s audit potential. These statistics help answer the question of “what are the chances of being audited?” IRS Audit Rates Looking at the most recent IRS…
Late Section 475(f) Election and Section 9100 Relief
Those who are traders in securities or commodities can make a mark-to-market election. This election can allow the trader to immediately deduct losses each year and avoid the wash sale rules. But many traders do not know about this election and only learn of it after it is too late to benefit from it. Even…
Part-Time Employee Not Entitled to IRA Contribution Deduction
Taxpayers who participate in their employer’s retirement plan are not able to deduct contributions the taxpayer makes to their IRA retirement account. This is also true for taxpayers who are entitled to participate in their employer’s retirement plan, but choose not to do so. In Colombell v. Commissioner, T.C. 2006-184, the court considered whether an…
The IRS’s New Appeals Arbitration Program
The IRS Office of Appeals provides a great forum for resolving IRS tax disputes. While appeals settles a lot of cases, it doesn’t settle them all. This is where the IRS arbitration program comes in. It is for those close cases that almost settled, but didn’t. The IRS recently released Revenue Procedure 2006-44, which sets out…
How is the Tax Resolution Industry Regulated?
The tax resolution industry is largely unregulated. There is, however, a patchwork of laws that provides some oversight. This includes Circular 230, which sets forth ethical and professional standards that tax practitioners, including tax resolution companies, must follow when representing clients before the IRS. Additionally, tax resolution companies must comply with the Fair Debt Collection…
Comparison: U.S. and France’s Approach to Small Business Taxes
In recent years, governments worldwide have been exploring new ways to address tax-related issues. For example, the French government, which reported a budget deficit of approximately 3% of its GDP, has proposed using the surplus tax revenues to exempt minimum wage employees working for small businesses from payroll taxes. This approach contrasts with the United…
Interest Abatement: What is a Ministerial Act?
Imagine that the IRS did not act quickly. Okay, that isn’t hard to imagine. The IRS never acts quickly. I’ll rephrase that. When the IRS goes slow in processing even the most basic request or inquiry, what happens? Does this stop the accrual of interest? The answer is, unfortunately, “no” it does not–in most cases.…
Navigating the Deductibility of Investment Advisory Fees for Trusts
The tax treatment of investment advisory fees paid by trusts has become a hotly debated topic in recent years. The conflicting decisions of various circuit courts of appeals have led to discrepancies in tax treatment across different jurisdictions. While some courts have ruled that investment advisory fees paid by trusts are subject to the same…
Tax Attorney Contests IRS Bypass Letter
A taxpayer is entitled to hire a licensed attorney, CPA, or enrolled agent to represent them before the IRS. The taxpayer has a fundamental right to choose their tax advisor. The IRS generally has to accept this choice and work with the tax advisor. The IRS cannot simply ignore the tax advisor. Even to communicate…