IRS Penalties Archives

Lose the Hobby Loss Fight, But Save the Farm

Most people who run a side venture know the IRS can be a difficult business partner. It happily takes a cut when the venture makes money. It often refuses to share in the pain when the venture loses money. The hobby loss rules are one of the tools the IRS uses to do this. So…

When One Spouse’s Fraud Keeps the IRS Clock Open for Both

Married couples file a joint tax return because it is usually the easy choice. One return, one signature line for each spouse, one refund or one balance due. The convenience is real. So is the shared responsibility that comes with it. Most people understand that signing a joint return means both spouses are on the…

When a Spouse’s Tax Evasion Conviction Does Not Bind You

A married couple files joint tax returns. Years later, one spouse is criminally convicted of tax evasion. The IRS then comes after both of them for the back taxes and a fraud penalty. Can the spouse who was not convicted fight the fraud finding if she was never charged with anything and never set foot…

An Offer of IRS Appeals Review Can Preclude Judicial Review

The IRS assesses a tax penalty against you or your business. The audit closes and the IRS assesses the penalty. So how do you get a judge to look at it? For most tax disputes, the answer is the U.S. Tax Court. You can go there without first pre-paying the tax. But for certain types…

Can Jury Trial for IRS Penalty be Conditioned on Paying the Penalty First?

There have been a number of court cases that have considered whether various administrative agency determinations violate constitutional jury trial rights. These are often premised on the fundamental promise of American justice that courts should remain open to all. The issue is presented when government agencies require substantial upfront payments before allowing judicial review. One…

Can a Criminal Prosecution Delay a Civil Tax Case?

Imagine that you earned significant income and failed to file tax returns. You later file the tax returns once the IRS caught on to you, but you omitted a large part of your income. The government indicts you on criminal tax evasion charges, and starts an IRS audit. Before the criminal trial, the IRS audit…

Is a Taxpayer Accountable for their Tax Preparer’s Fraud?

Most taxpayers opt to hire professionals to prepare their tax returns. Tax professionals understand the complexities of deductions, credits, and reporting requirements that can overwhelm even sophisticated business owners and investors. Once the tax returns are filed and a few years pass without incident, most taxpayers reasonably assume those tax years are closed forever. But…

Software Failures Can be Reasonable Cause for IRS Penalties

What one expects as data or information a business would commonly capture and maintain has changed dramatically over time. Readers who are older will appreciate this. The truth is that businesses tracked financial ins and outs and a few other items in the 1980s and leading up to the early 2000s. It was the addition…

Income Tax Due for Business Use of Employee Tax Withholding

Business owners facing cash flow challenges sometimes look to available funds to keep operations running. When those funds include employee tax withholdings that should be remitted to the IRS, the IRS has a number of tools at its disposal to recover the withheld but un-remitted funds. For the most part this includes pursuing the business…

Does the IRS Have Authority to Certify ACA Employer Penalties?

The IRS has been sending notices to businesses about Affordable Care Act (“ACA”) penalties. The penalties are often very large in amount and, in many cases, come as a complete suprise to the business owners. This is particularly true for growing businesses that are right around the cutoff for the headcount requirements. Businesses with 50…