The IRS often imposes penalties for various tax return errors and omissions. Taxpayers may defend against certain penalties by showing reasonable reliance on professional tax advice. However, the competence and expertise of the advisor are key, as highlighted in a recent U.S. Tax Court case, Wilson v. Commissioner, T.C. Summary Opinion 2008-91. The case considers…
Category: Tax Procedure
Tax Procedure
From IRS audits and appeals to tax litigation and penalties, our tax attorneys can help you navigate the tax procedure landscape with confidence. Give us a call to see how we can help, (713) 909-4906.
Refunds After Innocent Spouse Relief Granted
Married couples who file joint tax returns are both liable for any deficiencies or underpayments. But if one spouse qualifies as an “innocent spouse,” they can be relieved of the tax burden. An important question arises – if an innocent spouse previously paid the joint tax debt, are they entitled to a full refund? A…
Discharging Tax Debts in Bankruptcy: The Three-Year Lookback Period
Tax debts in bankruptcy are a weighty and serious topic. Statistics show that in 2019, over 770,000 individuals filed for bankruptcy in the United States, and approximately one-third of those involved some type of tax debt. This highlights the common struggle individuals face in paying their tax obligations. Bankruptcy is a common method for resolving…
Is Alimony Tax Deductible & Related Tax Disputes Involving Alimony
Alimony can be a complicated and contentious issue in divorce proceedings, particularly when it comes to taxes. If payments qualify as alimony pursuant to federal tax law, the payments may be tax deductible by the payor spouse and included in gross income to the payee spouse. Conversely, if the amounts are not alimony for federal…
The Disqualified Employment Tax Levy
Taxpayers generally know that an IRS levy is not a good thing. Most have some sense that it can affect their financial well-being. If they have not been subject to an IRS levy, this may be all they really know about it. The term “levy” is a verb that, in the context of the IRS,…
Getting Interest Abated: Challenges & Solutions
The Internal Revenue Service is notorious for being slow in doing its work, and its delay often results in taxpayers being charged with interest on their tax liabilities. While the IRS has the authority to abate or remove interest on tax liabilities, the process for getting the IRS to exercise this discretion can be challenging.…
If a Trustee Owes Taxes, Can the IRS Seize Trust Assets to Satisfy the Tax?
The IRS has broad powers when it comes to collecting unpaid tax debts, but its authority is not without limits. For example, there are limits on what property the IRS can seize if the property is held by a third party. This can include property held in trust. Consider the situation where a father creates…
The New Tax Return Preparer Penalty
The tax return preparer penalty is a tool used by the IRS to encourage compliance with tax laws and ethical behavior among tax return preparers. The penalty is imposed when a tax preparer engages in conduct that results in the understatement of a taxpayer’s liability due to fraudulent, reckless, or intentional misconduct. The penalty amount…
Navigating IRS Collections During an Economic Downturn
The financial downturn has left many taxpayers struggling with unpaid tax debts just as IRS collection efforts ramped up. Though a challenging time, the economic turmoil also created opportunities to negotiate with the IRS from a position of strength. Negotiating with the IRS is always challenging. But with proper diligence and records, taxpayers can use…
Innocent Spouse Relief for Ex-Spouse’s Income
Divorce is a stressful situation. It is one where people do not always act as they should. This includes taking actions that caused or led up to the divorce. Right or wrong, the shared finances of marriage often come into play. This results in additional marital disputes. Innocent spouse relief can provide a much-needed remedy…