Tax Procedure Archives

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

Most small business employees never expect to be personally liable for their employer’s tax obligations. Bookkeepers may find themselves facing IRS collection actions for trust fund taxes they never controlled for the business. This is on the basis of the bookkeeper being a “responsible person” for payment of the payroll taxes. How do courts determine…

Saving Taxes: The Cooperative But Innocent Spouse

Innocent spouse relief can provide an excellent remedy to allocate taxes between spouses. While the innocent spouse rules are not all that complex, the application of the rules can be. Part of the complexity comes from the varying motives of the parties. Spouses and former spouses can have a number of different motives for requesting…

IRS Refunds in Collection Due Process Cases

The refrain from the Rolling Stones song, Satisfaction, says “I can’t get no satisfaction.” That is a common refrain when it comes to the IRS and owing back taxes. Congress has provided a myriad of rules and remedies for taxpayers when it comes to taxes. If the taxpayer is lucky enough to have a remedy,…

Can You Sue the IRS for Damages?

There are times when IRS employees violate the law. This includes intentional and negligent conduct that violates the law. Many of these violations go unreported. This is often for fear of retaliation or lack of resources. It may also be due to a belief that there is no remedy for taxpayers in this situation. The…

IRS Documentation for Travel Expenses

Business travel expenses are deductible. These are expenses for business trips and work trips, such as car and truck expenses, airfare and hotels and lodging. It can also include travel meals. Those looking to deduct business trip expenses are running a risk as the IRS frequently disallows these expenses on audit. It does so even…

Does Nominee Tax Liability Extend to Employees?

There is a large segment of our population that owe back taxes to the IRS. Whether you know of their situation, chances are good that you know someone who owes back taxes. Chances are good that you have unwittingly transacted business with an individual or business that owes back taxes. You may have even worked…