The IRS has missed just about every deadline in the past few years. Most of the IRS’s employees have basically been on paid vacation for the past few years. When Covid-19 first emerged, IRS employees were sent home. They were paid not to work. While private-sector employees scrambled to find ways to work, many IRS…
Category: Tax Procedure
Contesting the IRS’s Passport Certification for Back Taxes
The IRS has a lot of tools available to help it collect unpaid taxes. This includes liens, levies, and even seizing property. Congress added the ability for the IRS to certify passports for those who owe back taxes and have refused to pay. Congress provided a judicial remedy for erroneous certifications. There have not been…
Tax Return “Filed” When Provided to IRS Employee
Since tax returns are a central part of our system of tax administration, one would think that the IRS is an expert at handling tax returns. It isn’t. The IRS often loses tax returns. It often checks returns into its systems and then fails to process the tax returns and cannot locate the actual tax…
The Injunction for Tax Return Preparers
The government often has a myriad of remedies available to it. There are common situations in which the government does not have a consistent and thoughtful process for organizing how and when it will pursue the various remedies. This ad hoc method often results in outcomes that are not tailored to achieve the government’s aims…
Double Tax on Inter-Company Transfers
There are those who make things happen. They are usually the ones doing what it takes even when doing so is difficult, tiring, and draining. They are the ones that often make personal sacrifices and take risks to succeed. They are the ones that had the luck or grit to stick with something to see…
Common Law Mailbox Rule Fails (Again)
In legal disputes, there are times when parties make representations that are not true. That includes the IRS and its auditors and attorneys. If the taxpayer is lucky, they will have direct evidence that shows that the representation is false. There are situations where the law does not allow that evidence to be considered. There…
Can IRS’ Unauthorized Disclosure Trigger Punitive Damages?
We all make mistakes. It happens. This includes inadvertent disclosure of confidential information. There is a remedy when a private party that makes an unauthorized disclosure. The aggrieved party can simply bring suit. There are basically no restrictions on the amount of damages that are available and when one qualifies for damages. The rules are…
No Unlimited Time Limit for IRS Withholding Tax
There are jobs that are difficult to find employees to perform. This is particularly true for lower-paid jobs that require physical labor. This includes construction and maintenance jobs, such as painters, law care jobs, etc. It also includes some entry-level jobs in restaurants. Businesses in these industries often have to supplement their workforce with illegal…
IRS to Pay Attorneys Fees: The Qualified “Qualified Offer”
There are times when the IRS pursues cases that it should not. If this happens to you and you prevail in your case, you should know that the court may order the IRS to pay your attorneys fees and costs. You usually have to make a “qualified offer” to get this type of award. The…
Bookkeeper Liable for Trust Fund Recovery Penalty
IRS employees are tasked with making decisions. These decisions dictate who owes taxes and penalties and who does not. These decisions are usually made in the context of well trodden areas and by employees who make the same type of decisions over and over. This is due to the volume of disputes that are created…