Procedural Issues
30-Day Letter

Procedural Considerations on Collection (Liens) – Part One: Authority and Limits on Assessment Imposition of Tax Lien

The flip side to the assessment coin is the IRS’s process of collection.  Collection procedures are really where the rubber meets the road for the IRS, which is charged with collecting the taxes imposed by the Code.[1] The IRS has two basic mechanisms for collecting an unpaid tax liability.  The first, which this article goes into in some detail, is the federal tax lien.  If the tax lien does not get the taxpayer’s attention, and

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Scott St. Amand April 29, 2021
Procedural Issues
Assessment

Procedural Considerations on Collection (Assessment) – Part Three: Termination and Jeopardy Assessments

In the first article in this series about collection and assessment, we explored the basics of assessment.  In the second article, we examined the nuances of deficiencies.  In this third article, we examine termination and jeopardy assessments. Termination Assessments If the IRS finds that a taxpayer aims to quickly do any act tending to prejudice or to render wholly or partially ineffectual proceedings to collect the income tax for the current or the immediately preceding

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Scott St. Amand April 29, 2021
Procedural Issues
90-Day Letter

Procedural Considerations on Collection (Assessment) – Part Two: Authority and Limits on Assessment

In the first article in this series about the IRS’s ability to assess tax and additions thereto, we explored the basics of assessment.  In this second article, we’ll examine deficiencies.  In the third article, we’ll examine termination and jeopardy assessments. Deficiencies, Generally For purposes of income, estate, gift, and excise taxes, a deficiency is the amount by which the tax imposed by the Code exceeds the amount of tax shown on the taxpayer’s return, plus

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Scott St. Amand April 29, 2021
Procedural Issues
Assessment

Procedural Considerations on Collection (Assessment) – Part One: Authority and Limits on Assessment

Assessment and collection of taxes are the IRS’s bread and butter, and arguably the very reason that the IRS exists at all.  Consequently, it is no surprise that two whole chapters of the Code are dedicated to assessment and collection.  In this article we will examine the statutes of limitation for assessments, as well as some of the idiosyncrasies of the assessment regime.  In two separate series of articles, we will delve into the IRS’s

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Scott St. Amand April 29, 2021
Procedural Issues
Abatements

Abatements, Reconsiderations, and Adjustments

There are three types of administrative remedies that a taxpayer may avail itself of in the event that the taxpayer believes that a tax, penalty, or interest has been improperly assessed.  Reconsiderations deal with original determinations made during an audit/examination, and generally apply when the taxpayer has additional information that was not taken into account during the original examination. Reconsiderations are requests to reevaluate the results of an audit assessment when a taxpayer disagrees with

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Scott St. Amand April 29, 2021
Income Tax Issues
Alter Ego Liability

Successor Liability in a Purchase of Corporate Assets

As a tax controversy lawyer, most of your clients come to you in quite a predicament with the IRS, rather than coming to you to avoid said predicament. Such is the case when Cousin Elmer comes to visit you one dismal winter day. You may remember Elmer from our article on FBARs, but if not, Cousin Elmer has seven and a half fingers from trying, rather unsuccessfully, to eradicate his attic’s squirrel population through the

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Scott St. Amand April 29, 2021
Procedural Issues
Abatement of Interest

Goldberg v. Commissioner
T.C. Memo. 2020-38

On April 2, 2020, the Tax Court issued a 163-page Memorandum Opinion in the case of Goldberg v. Commissioner (T.C. Memo. 2020-38). The issues properly before the court in Goldberg v. Commissioner were whether Form 4549 (Income Tax Examination Changes) is a binding contract and whether the interest under IRC § 6404(e)(1) should be abated. A number of other issues including collateral and equitable estoppel were raised, but the Tax Court found that they were

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Scott St. Amand April 2, 2020
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Abatements, Reconsiderations, and Adjustments

There are three types of administrative remedies that a taxpayer may avail itself of in the event that the taxpayer believes that a tax, penalty, or interest has been improperly assessed.  Reconsiderations deal with original determinations made during an audit/examination, and generally apply when the taxpayer has additional information that

Read More »
Scott St. Amand April 29, 2021

Successor Liability in a Purchase of Corporate Assets

As a tax controversy lawyer, most of your clients come to you in quite a predicament with the IRS, rather than coming to you to avoid said predicament. Such is the case when Cousin Elmer comes to visit you one dismal winter day. You may remember Elmer from our article

Read More »
Scott St. Amand April 29, 2021

Goldberg v. Commissioner
T.C. Memo. 2020-38

On April 2, 2020, the Tax Court issued a 163-page Memorandum Opinion in the case of Goldberg v. Commissioner (T.C. Memo. 2020-38). The issues properly before the court in Goldberg v. Commissioner were whether Form 4549 (Income Tax Examination Changes) is a binding contract and whether the interest under IRC

Read More »
Scott St. Amand April 2, 2020