Taxing, Briefly
Bureau of Fiscal Services

Can the Government Take My Tax Refund?

A maxim for today: The Government giveth, but more often it taketh away. Within the last two weeks, I have been approached and asked by multiple folks, “Can the government take my tax refund?” In this Taxing, Briefly article, we’ll discuss offsetting tax refunds to pay other state and Federal obligations. If you overpay tax to the government (due to over withholding or some other fortuitous circumstance), you are entitled to a refund of this overpayment.

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Procedural Issues
Abuse of Discretion

Kennedy v. Commissioner (T.C. Memo. 2021-3)

On January 12, 2021, the Tax Court issued a Memorandum Opinion in the case of Kennedy v. Commissioner (T.C. Memo. 2021-3). The issue presented in Kelley was whether the IRS’s whistleblower office abused its discretion in denying the petitioner’s claims. Background The petitioner claimed that three subsidiaries of a taxpayer owed a middling $150m in unpaid excise taxes, penalties, and interest to Uncle Sam.  The IRS Whistleblower Office (WBO) reviewed the claim, and to everyone’s

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Can the Government Take My Tax Refund?

A maxim for today: The Government giveth, but more often it taketh away. Within the last two weeks, I have been approached and asked by multiple folks, “Can the government take my tax refund?” In this Taxing, Briefly article, we’ll discuss offsetting tax refunds to pay other state and Federal obligations.

Read More »

Kennedy v. Commissioner (T.C. Memo. 2021-3)

On January 12, 2021, the Tax Court issued a Memorandum Opinion in the case of Kennedy v. Commissioner (T.C. Memo. 2021-3). The issue presented in Kelley was whether the IRS’s whistleblower office abused its discretion in denying the petitioner’s claims. Background The petitioner claimed that three subsidiaries of a taxpayer

Read More »