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Kevin Spencer focuses his practice on tax controversy issues. Kevin represents clients in complicated tax disputes in court and before the Internal Revenue Service (IRS) at the IRS Appeals and Examination divisions. In addition to his tax controversy practice, Kevin has broad experience advising clients on various tax issues, including tax accounting, employment and reasonable compensation, civil and criminal tax penalties, IRS procedures, reportable transactions and tax shelters, renewable energy, state and local tax, and private client matters. After earning his Master of Tax degree, Kevin had the privilege to clerk for the Honorable Robert P. Ruwe on the US Tax Court. Read Kevin Spencer's full bio.
By Andrew R. Roberson and Kevin Spencer on Mar 27, 2020
Posted In IRS Audits, IRS Guidance, Uncategorized
Yesterday, the Internal Revenue Service (IRS) announced in a memorandum to all Large Business & International (LB&I) division employees that it was suspending the normal Information Document Request (IDR) procedures. The letter suspends enforcement until July 15, 2020; however, LB&I managers will have the discretion to continue with the IDR enforcement process when in their...
By Brian Moore, Andrew R. Roberson and Kevin Spencer on Mar 24, 2020
Posted In Tax Refunds, Trial Courts, Uncategorized
Recently, the US Federal District Court for the Southern District of Iowa in Meredith Corp. v. United States, No. 4:17-cv-00385 (S.D. Iowa Mar. 20, 2020), held that a magazine publisher was entitled to refund of federal income tax based for the Internal Revenue Code (IRC) section 199 domestic production deduction based upon the printing services...
By Andrew R. Roberson and Kevin Spencer on Mar 11, 2020
Posted In Court Procedure Matters, Uncategorized
The coronavirus (COVID-19) has now impacted the operations of the United States Tax Court (Tax Court). This morning, the Tax Court announced that after assessing all relevant factors relating to COVID-19, including travel and public health considerations, the trial sessions for March 16, 2020, March 17, 2020, March 23, 2020, and March 30, 2020, are...
By Andrew R. Roberson and Kevin Spencer on Feb 28, 2020
Posted In Trial Courts, Uncategorized
This has been a busy week in the tax appointments world, with the appointment of the new National Taxpayer Advocate (NTA), the reappointment of Chief Judge Foley as Chief Judge of the United States Tax Court (Tax Court), and the confirmation of Travis Greaves to the Tax Court. On February 27, 2020, the Treasury and...
By Kevin Spencer, Andrew R. Roberson and Roger J. Jones on Feb 26, 2020
Posted In Appellate Courts, Court Procedure Matters, IRS Guidance, Tax Refunds, Trial Courts, Uncategorized
The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the question was how to decide which member of a consolidated group of corporations is entitled to a tax...
By Kevin Spencer and Le Chen on Jan 7, 2020
Posted In IRS Guidance, Privilege and Non-Disclosure, Uncategorized
On January 6, 2020, the IRS Whistleblower Office released its annual report to Congress. The Office reported that it collected $616.8 million in fiscal year 2019 as a result of information provided by whistleblowers, out of which $120.3 million was paid out as whistleblower awards, for net collections of $496.5 million. This is a decrease from the...
By Andrew R. Roberson and Kevin Spencer on Nov 7, 2019
Posted In Court Procedure Matters, Trial Courts, Uncategorized
On November 6, 2019, President Trump announced his intent to nominate Ms. Alina Ionescu Marshall and Mr. Christian N. Weiler to serve as Judges on the United States Tax Court (Tax Court). Mr. Travis Greaves was previously approved by the Senate Finance Committee to be a Tax Court Judge and is awaiting confirmation by the...
By Andrew R. Roberson, McDermott Will & Emery and Kevin Spencer on Nov 6, 2019
Posted In IRS Appeals, IRS Audits, IRS Guidance, Tax Reform, Uncategorized
On November 4, 2019, the Internal Revenue Service (IRS) announced a new Large Business and International (LB&I) compliance campaign regarding Section’s 965 transition tax under the Tax Cuts and Jobs Act (TCJA). This is one of several dozen compliance campaigns that LB&I has announced since the initial 13 campaigns were identified in 2017, and is...
By Andrew R. Roberson and Kevin Spencer on Oct 25, 2019
Posted In IRS Audits, IRS Guidance, Transfer Pricing Resource, Uncategorized
On September 28, 2019, the Treasury Inspector General for Tax Administration (TIGTA) issued a report titled Initial Compliance Results Warrant a More Data-Driven Approach to Campaign Issue Selection. As the name of the report describes, the TIGTA analyzed whether the Internal Revenue Service (IRS) audit campaigns were effective and efficiently administered. We have written at...
By Andrew R. Roberson and Kevin Spencer on Oct 10, 2019
Posted In Court Procedure Matters, IRS Appeals, IRS Audits, IRS Guidance, Uncategorized
It took five years, but the Internal Revenue Service (IRS) has finally released some guidance on the taxation of cryptocurrencies! On October 9, 2019, the IRS released Revenue Ruling 2019-24 and several “frequently asked questions” (and answers) which deal with some (but not all) of the federal income tax issues involved with cryptocurrencies. Over the...