Kevin Spencer
Subscribe to Kevin Spencer's PostsKevin 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.
Update on IRS Enforcement Efforts
By Kevin Spencer and McDermott Will & Emery on Nov 16, 2022
Posted In IRS Audits, IRS Guidance, Tax Reform, Transfer Pricing Resource
We frequently post about the Internal Revenue Service’s (IRS) tax enforcement trends and announcements. Prior examples from this year include the release of a five-year strategic plan emphasizing enforcement, the plan to hire up to 200 additional attorneys to assist with litigation efforts, the implementation of the Large Partnership Compliance (LPC) Pilot Program, a focus...
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Update on Schedule UTP Comments
By Kevin Spencer and McDermott Will & Emery on Nov 14, 2022
Posted In IRS Guidance, Tax Refunds
We previously discussed the Internal Revenue Service’s (IRS) announcement regarding draft changes to Schedule UTP, Uncertain Tax Position Return Statement, and Instructions to Schedule UTP (Form 1120). The IRS requested comments by November 18, 2022. On November 14, 2022, we submitted our comments to the IRS outlining some of our concerns with the draft changes, focusing...
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President Biden to Nominate New IRS Commissioner
By Kevin Spencer and McDermott Will & Emery on Nov 10, 2022
Posted In Uncategorized
On November 10, 2022, US President Joe Biden announced his intent to nominate Danny Werfel to serve as Commissioner of the Internal Revenue Service. US Secretary of the Treasury Janet Yellen has expressed her support for Werfel’s nomination. Charles Rettig, whose term expires on November 12, 2022, is the current IRS Commissioner and Doug O’Donnell...
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The IRS Can Share Your Tax Information with Foreign Governments
By Kevin Spencer and McDermott Will & Emery on Oct 28, 2022
Posted In Appellate Courts, Court Procedure Matters, IRS Audits, IRS Guidance
The recent Zhang v. United States case, Docket No. 21-17093 (9th Cir. Oct. 18, 2022), serves as a reminder that the Internal Revenue Service (IRS) can force you to disclose and share your tax information with foreign governments. The taxpayers in Zhang appealed the decision from the US District Court for the Northern District of...
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IRS Releases 2023 Annual Inflation Adjustments
By Kevin Spencer, Sarah M. Raben and McDermott Will & Emery on Oct 21, 2022
Posted In IRS Guidance, Tax Refunds
On October 18, 2022, the Internal Revenue Service (IRS) announced the annual inflation adjustments for 2023 related to more than 60 tax provisions, with some increasing, some maintaining and some new additions to the list. The tax adjustments generally apply to tax returns for the 2023 tax year that will be filed in 2024 (i.e.,...
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Recent Tax Developments Concerning Administrative Law Issues
By Kevin Spencer and McDermott Will & Emery on Oct 20, 2022
Posted In Appellate Courts, IRS Guidance, Tax Reform, Trial Courts
We have written extensively on the intersection of tax law and administrative law, specifically on how the Administrative Procedure Act (APA) and the Anti-Injunction Act (AIA) factor into tax cases. In a recent article for the ABA Tax Times, Kristin E. Hickman, a leading authority in the fields of tax administration, administrative law and statutory...
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Tax Court to Host COVID-19 Webinar
By Kevin Spencer and McDermott Will & Emery on Oct 19, 2022
Posted In Court Procedure Matters, Trial Courts
On November 16, 2022, the US Tax Court will host an informative webinar panel discussion moderated by Chief Judge Kathleen Kerrigan from 12:00 – 1:00 pm (EST). The program will highlight changes to Tax Court practice that were made in response to the COVID-19 pandemic and include lessons learned, best practices and practical implications for...
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New IRS Funding Will Be Used to Focus on Tax Compliance of Non-US Citizens and Residents
By Kevin Spencer and McDermott Will & Emery on Oct 18, 2022
Posted In IRS Audits, IRS Guidance, Tax Reform
US Congress will be giving the Internal Revenue Service (IRS) $79.6 billion over the next 10 years in an effort to put the agency back on the path to effective and efficient tax administration. The money will find lots of uses, including for the hiring of new personnel and updating the IRS’s antiquated technology. At...
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Former Tax Court Judge Herbert Chabot Passes Away
By Kevin Spencer and McDermott Will & Emery on Oct 17, 2022
Posted In Trial Courts, Uncategorized
The US Tax Court announced that former Judge Herbert Chabot passed away on October 11, 2022. Judge Chabot joined the Tax Court in 1978, serving as a regular judge and then as a senior judge for almost 40 years. Before being appointed to the Tax Court, he served on the staff of the Congressional Joint Committee on...
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IRS to Update Schedule UTP to Require Additional Transparency
By Kevin Spencer and McDermott Will & Emery on Oct 14, 2022
Posted In IRS Guidance, Tax Refunds
On October 11, 2022, the Internal Revenue Service (IRS) announced draft changes to Schedule UTP, Uncertain Tax Position Return Statement, and Form 1120, Instructions for Schedule UTP, for the 2022 tax year (processing year 2023). Since the 2010 tax year, Schedule UTP has been used by certain corporations to report uncertain tax positions. Corporations filing Forms...
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