IRS Summons Reaches Attorney’s Client Names

Communications with an attorney are generally protected from disclosure.  But what about client names?  And what power does the IRS have the power to force an attorney to disclose the names of his clients?  The court addressed this in U.S. v. Servin, No. 17-1371 (3d Cir. 2018). Facts and Procedural History The case involved an attorney…Continue readingIRS Summons Reaches Attorney’s Client Names

Court Denies IRS Injunction in Employment Tax Dispute

It is common for the IRS to make various demands on businesses that are undergoing employment tax audits or businesess that are trying to deal with employment tax collection issues. One common demand is that the taxpayer immediately start complying with the employment tax laws. But what if the taxpayer cannot comply, perhaps due to…Continue readingCourt Denies IRS Injunction in Employment Tax Dispute

Two Years to File Refund Suit in District Court, Six Years in Federal Court of Claims

If the IRS owes the taxpayer a refund, the general rule is that the taxpayer has to file a refund claim with the IRS, wait for the IRS to disallow the claim, and then, within two years of the date the claim is disallowed, file suit to recoup the refund. This is the general rule.…Continue readingTwo Years to File Refund Suit in District Court, Six Years in Federal Court of Claims

How to Challenge an Invalid IRS Notice of Deficiency

The IRS is required to send taxpayers a notice of deficiency before it can assess additional tax. The notice itself has to put the taxpayer on notice that the IRS made a determination that there was a tax deficiency (i.e., an amount owed), the tax year, and the amount. A notice that does not include…Continue readingHow to Challenge an Invalid IRS Notice of Deficiency

Post Office Tracking Data Can Result in Tax Disputes

There have been a number of tax cases involving disputes as to when tax documents are mailed to the government. In Tildon v. Commissioner, No. 15-3838 (7th Cir. 2017), the court considered a dispute that turned on whether U.S. Postal Service tracking data is a “postmark made by the U.S. Postal Service.” The Facts and…Continue readingPost Office Tracking Data Can Result in Tax Disputes

Can U.S. Tax Court Order IRS to Make Refunds?

There are a number of forums for litigating tax disputes, such as the U.S. Tax Court. There are pros and cons associated with bringing suit in each forum. Taxpayers often pass on litigating cases in the U.S. Tax Court in cases when they are seeking a refund of an amount in excess of the amount…Continue readingCan U.S. Tax Court Order IRS to Make Refunds?

Taxpayer Not Entitled to Attorneys Fees Despite Prevailing In Lawsuit

The government makes mistakes. It is not perfect. The United States v. Appelbaum, No. 5:12-CV-186 (W.D.N.C. 2016) , case provides an example. In Appelbaum, the government sued the taxpayer for nearly $4 million that the taxpayer did not owe. The question before the court was whether the taxpayer could recover attorneys fees he incurred in…Continue readingTaxpayer Not Entitled to Attorneys Fees Despite Prevailing In Lawsuit

Choosing Not to Comply With an IRS Summons

The law requires taxpayers to keep certain records. The IRS expects taxpayers to produce these records on request. The IRS has the power to issue an administrative summons if the taxpayer does not cooperate. This begs the question as to what happens if the taxpayer chooses not to comply with an IRS summons? The United…Continue readingChoosing Not to Comply With an IRS Summons

New Evidence Not In Record Can Be Considered by Court

Cases before the U.S. Tax Court are often won or lost by whether evidence is or is not admitted in the record. Lunnon v. Commissioner, No. 15-9007 (10th Cir.), provides an example of how this works in a tax collections case. Facts & Procedural History Mr. Lunnon failed to pay employment and unemployment taxes for…Continue readingNew Evidence Not In Record Can Be Considered by Court