Andrew R. Roberson
Subscribe to Andrew R. Roberson's PostsAndrew (Andy) R. Roberson focuses his practice on tax controversy and litigation matters. He represents clients before the Internal Revenue Service (IRS) Examination Division and Appeals Office and has been involved in more than 50 matters at all levels of the federal court system, including the US Tax Court, several US courts of appeal and the Supreme Court. Andy has experience settling tax disputes through alternative dispute resolution procedures, including Fast Track Settlement and Post-Appeals Mediation, and in representing clients in Compliance Assurance Process (CAP) audits. He also represents individuals in Global High Wealth Industry Group audits and in connection with offshore disclosure programs. Read Andy Roberson's full bio.
Skip Jail and Clean Up Your Tax Problems
By Jenny L. Johnson Ware, Andrew R. Roberson, Kevin Spencer and Le Chen on Jul 16, 2020
Posted In IRS Appeals, IRS Audits, IRS Guidance, Tax Reform
If you have knowingly failed to report income or claimed deductions you know you are not entitled to, or just decided not to file your tax returns and pay the tax owed, you may be liable for civil penalties and even jail time for criminal tax evasion. Taxpayers with civil and criminal tax exposure may...
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Section 965 Statutes of Limitations for Partnerships
By Andrew R. Roberson, Kevin Spencer and Robbie Alipour on Jun 29, 2020
Posted In IRS Audits, IRS Guidance, Tax Reform
On May 26, 2020, the Internal Revenue Service (IRS) issued PMTA 2020-08 to provide guidance on the period of limitations for Internal Revenue Code (IRC) section 965, transition tax-related adjustments of partnerships. Typically, pursuant to IRC section 6501, the IRS has three years to assess a tax liability for a tax year. However, IRC section...
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IRS Targets Private Foundations That May Be Used by Wealthy Taxpayers in Tax Planning
By Andrew R. Roberson, Kevin Spencer and Brian Moore on Jun 26, 2020
Posted In IRS Audits, IRS Guidance, Tax Reform, Tax Refunds
In remarks at the NYU Tax Controversy Forum on June 18, 2020, Internal Revenue Service (IRS) officials indicated that the agency is analyzing the use of private foundations for tax planning. Ms. Tamera Ripperda, who is the commissioner of the Tax Exempt and Government Entities (TEGE) Division and previously served as the industry director for the Global...
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The Next Normal — Tax Responses to COVID-19
By Andrew R. Roberson on Jun 18, 2020
Posted In IRS Guidance
The coronavirus (COVID-19) pandemic has thrown our personal and professional lives into a constant state of change, as we deal with social distancing, e-learning, remote working, and Zoom. In this American Bar Association article, Andrew R. Roberson, a partner in US and International Tax at McDermott Will & Emery, describes how the constant change or...
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Tax Court Records Accessible Again
By Andrew R. Roberson and Kevin Spencer on Jun 11, 2020
Posted In Court Procedure Matters, IRS Guidance
When the US Tax Court (Tax Court) shut down in March, the public was unable to request copies of Tax Court records. That changed effective June 1, 2020, as non-parties may now call and request copies of court records which will then be sent via email. The cost for copy requests is $0.50 per page,...
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Tax Court Holds That Form 870-AD Is Not a Binding Settlement Agreement
By Andrew R. Roberson, Kevin Spencer and Brian Moore on Jun 10, 2020
Posted In IRS Appeals, IRS Audits, IRS Guidance, Settlements, Trial Courts
A recent US Tax Court Memorandum Opinion held that a settlement agreement embodied in Internal Revenue Service (IRS) Form 870-AD does not preclude the IRS from reopening an audit and issuing a notice of deficiency. In Howe v. Commissioner, T.C. Memo 2020-78, the Tax Court held that equitable estoppel did not bind the Commissioner to an...
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Tax Court Holds IRS Chief Counsel Attorneys May Make Initial Penalty Determination
By Andrew R. Roberson, Kevin Spencer and Brian Moore on Jun 8, 2020
Posted In Appellate Courts, IRS Appeals, IRS Guidance
In general, section 6751 requires that a supervisor give written approval before penalties can be asserted against a taxpayer. In Koh v. Commissioner, T.C. Memo. 2020-77, authored by the US Tax Court’s (Tax Court) most recent addition—Judge Travis Greaves—the Tax Court affirmed that an attorney from Internal Revenue Service (IRS) Chief Counsel may be authorized to...
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Tax Court Zooms into Remote Proceedings
By Andrew R. Roberson and Kevin Spencer on Jun 2, 2020
Posted In Court Procedure Matters, Trial Courts
On May 29, 2020, the US Tax Court (Tax Court) announced that to accommodate continuing uncertainties relating to the COVID-19 pandemic, and until further notice, all court proceedings would be conducted remotely. The Tax Court also issued Administrative Order 2020-02 regarding the conduct of remote proceedings and Administrative Order 2020-03 regarding limited entries of appearance. The Orders are effective until terminated...
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Andy Keyso To Head IRS Appeals
By Andrew R. Roberson and Kevin Spencer on May 21, 2020
Posted In Appellate Courts, IRS Appeals, IRS Guidance, Uncategorized
On May 20, 2020, the Internal Revenue Service (IRS) announced that Andy Keyso has been named Chief of the IRS Independent Office of Appeals. He replaces Donna Hansberry, who retired in December 2019. Mr. Keyso is a long time veteran of the IRS, with more than 25 years of service. During his career, he has...
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IRC 45Q Credit Under IRS Scrutiny: Government Finds Majority of Carbon Oxide Credits Improperly Claimed
By Andrew R. Roberson, Brian Moore and Kevin Spencer on May 6, 2020
Posted In IRS Guidance, Uncategorized
In response to a series of questions posed in a November 2019 letter from Senator Menendez (D-NJ), the Treasury Inspector General for Tax Administration (TIGTA) issued a letter on April 15, 2020, analyzing carbon oxide credits under Internal Revenue Code (IRC) section 45Q. For tax years between 2010 and 2019, TIGTA found that up to...
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