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Latest tax updates: IRS launches automatic penalty relief program and court invalidates GILTI rule

Several notable tax developments have recently emerged, including the Internal Revenue Service’s (IRS) new automatic penalty relief program and a taxpayer-favorable court decision that struck down a key global intangible low-taxed income (GILTI) regulation. The US Department of the Treasury and the IRS also finalized guidance on life insurance contract transactions and issued updates affecting various energy-related tax credits and reporting obligations.

Updates from the IRS and Treasury

July 8, 2026: The IRS announced a new Automatic Exemption from Penalty (AEP) program, a systemic administrative relief program expected to begin this summer. AEP will replace the long-standing First Time Abate administrative relief process and apply to eligible original returns beginning with tax year 2025 and 2026 quarterly returns. Taxpayers generally qualify if IRS records show timely filing and payment for the prior three years or 12 consecutive quarters for quarterly filers. For qualifying taxpayers, the IRS will not assess failure-to-file, failure-to-pay, or failure-to-deposit penalties during processing.

AEP will apply to certain business and employment tax returns, including Forms 1065, 1120, 940, 941, 943, 944, 945, and CT-1. During the transition period, some qualifying taxpayers may still receive penalty notices for eligible 2025 tax year and 2026 quarterly returns. Taxpayers who believe they qualify may contact the IRS to request First Time Abate. AEP will replace First Time Abate for eligible returns with original due dates on or after January 1, 2027.

July 9, 2026: The Treasury and the IRS issued final regulations in Treasury Decision 10052, addressing the application of the transfer-for-value rules and related information reporting requirements under Internal Revenue Code (Code) §§ 101 and 6050Y to § 1035 exchanges of life insurance contracts and certain acquisitions of life insurance contracts in corporate reorganizations. The final regulations affect parties involved in these life insurance contract transactions, including with respect to reportable death benefits.

The final regulations generally retain the approach of the 2023 proposed regulations: treating a § 1035 exchange, standing alone, not as a transfer of the newly issued life insurance contract. The final regulations also reverse the broader treatment reflected in the 2019 final regulations while preserving rules intended to track contracts that previously were transferred in reportable policy sales. The Treasury and the IRS also declined to adopt certain proposed information return filing requirements for old and new issuers in § 1035 exchanges of reportable policy sale contracts, concluding that compliance goals can be addressed through the old issuer’s Form 1099-R reporting and related information exchange between issuers.

July 9, 2026: The IRS published Internal Revenue Bulletin 2026-29, which includes several items relevant to energy, fuel, chemicals, and importer taxpayers.

Notice 2026-41 publishes the 2026 inflation adjustment factors and applicable amounts for the Code § 45U zero-emission nuclear power production credit, the Code § 45V clean hydrogen production credit, and the Code § 45Z clean fuel production credit. For 2026, the notice provides, among other amounts, a § 45V inflation-adjusted applicable amount of $0.656 before applying the [...]

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Latest tax updates: Section 7508A refund claims, whistleblower award eligibility, and court restrictions on IRS collection

This roundup covers key Internal Revenue Service (IRS) developments from June 23 to July 2, 2026, including a notable executive nomination, new electronic filing procedures for COVID-19 disaster relief refund claims, and three significant court decisions shaping tax controversy.

June 23, 2026: US President Donald Trump nominated Jim Gadwood, a tax controversy partner at Miller & Chevalier, to serve as IRS chief counsel. The agency’s top legal official, the chief counsel is responsible for advising IRS leadership, issuing legal guidance, and overseeing the development of US Department of the Treasury regulations, including implementation of the One Big Beautiful Bill Act. Gadwood has focused his practice on federal tax controversies; transfer pricing; tax accounting; and representing large corporations, partnerships, and high-net-worth individuals before the IRS.

June 26, 2026: The IRS issued PLR 202626001, granting a limited liability company 120 days of § 9100 relief to file a late Form 8832 for electing to be treated as an association taxable as a corporation under the entity classification regulations. The IRS concluded that the taxpayer acted reasonably and in good faith and that granting relief would not prejudice the interests of the government after the taxpayer inadvertently failed to timely file its entity classification election despite intending corporate tax treatment from the desired effective date.

The taxpayer must file Form 8832 within 120 days and file all required federal income tax and information returns, including amended returns, consistent with the requested classification. The IRS emphasized that its ruling does not address the taxpayer’s eligibility to make the election or provide relief from any interest or penalties that may otherwise apply, and, as with all private letter rulings, the decision may not be cited as precedent.

July 2, 2026: The IRS announced an electronic filing option for taxpayers seeking to preserve potential claims for COVID-19 disaster relief refunds pending the government’s appeal in Kwong v. United States. Taxpayers with an IRS online account may electronically submit Form 843 before the July 10, 2026, deadline by identifying the claim as relating to Kwong. The IRS stated that it will process the claims only if the government is ultimately unsuccessful in its appeal. The Kwong decision held that the COVID-19 pandemic automatically postponed certain federal tax deadlines until July 10, 2023, potentially entitling taxpayers to refunds of penalties and interest previously assessed for late filing or payment. The IRS continues to challenge that ruling, but the new filing procedure allows taxpayers to preserve potential refund claims while the appeal remains pending.

The IRS also released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums, and Chief Counsel Advice).

Recent court developments

June 29, 2026: In White v. Commissioner, T.C. Memo. 2026-56, the US Tax Court held that the IRS abused its discretion by sustaining a proposed levy to collect restitution-based assessments (RBAs) under § 6201(a)(4) because the collection action conflicted with a prior US Department of Justice [...]

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IRS roundup: May 7 – May 18, 2026

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for May 7, 2026 – May 18, 2026.

May 13, 2026: The IRS announced a time-limited settlement initiative for eligible conservation easement and historic preservation easement cases, offering taxpayers an opportunity to resolve disputes on terms the agency described as more favorable than recent US Tax Court outcomes. Under the initiative, taxpayers generally must concede the charitable contribution deduction but may receive an “other deduction” approximating out-of-pocket costs, with reduced gross valuation misstatement penalties of 10% (or 20% after 90 days) instead of the 40% penalties frequently sustained in litigation.

The IRS stated that recent Tax Court decisions have, on average, allowed only about 6% of claimed deductions while often sustaining 40% penalties and emphasized that the initiative is intended to resolve a substantial backlog of easement cases. The settlement program applies only to eligible cases and includes special procedures for both Tax Equity and Fiscal Responsibility Act of 1982 and Bipartisan Budget Act of 2015 partnership proceedings.

May 15, 2026: The IRS issued Notice 2026-31, providing updated corporate bond yield curves, segment rates, and Treasury rates used for pension funding and minimum present value calculations under §§ 417, 430, and 431. The notice sets the April 2026 spot segment rates at 4.27%, 5.34%, and 6.22% and provides adjusted 24-month average segment rates applicable for May 2026 plan years.

The notice also provides the 30-year Treasury rate for April 2026 (4.91%) and the weighted average Treasury rate used for multiemployer plan funding calculations, along with the full monthly corporate bond yield curve derived from April 2026 data.

The IRS also released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums, and Chief Counsel Advice).

Recent Tax Court decisions

May 7, 2026: In Sanders Creek Owner, LLC v. Commissioner, pursuant to a stipulated Tax Court decision, the IRS disallowed a $43.8 million charitable contribution deduction claimed in connection with a conservation easement transaction that resulted in an imputed underpayment of approximately $16.2 million. The Court also sustained a 10% gross valuation misstatement penalty under § 6662(h) while declining to impose other asserted accuracy-related penalties.

May 12, 2025: In Stokey v. Commissioner, T.C. Memo. 2025-44, the Tax Court dismissed a taxpayer’s deficiency petition as untimely, holding that the taxpayer failed to establish entitlement to equitable tolling under the US Court of Appeals for the Third Circuit’s decision in Culp v. Commissioner. Although the taxpayer asserted that he did not receive the notice of deficiency until after the filing deadline because he had moved, the Court found that the IRS properly mailed the notice to the taxpayer’s last known address and that the taxpayer failed to demonstrate either diligent pursuit of his rights or extraordinary circumstances preventing timely filing.

The Court emphasized that equitable tolling applies sparingly and requires taxpayers to show both diligence and circumstances beyond their control. Even [...]

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IRS roundup: March 9 – March 25, 2026

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for March 9, 2026 – March 25, 2026.

AI controversy developments

March 20, 2026: The US Tax Court is considering developing a disciplinary framework for the misuse of artificial intelligence (AI) in litigation following concerns raised by Judge Mark V. Holmes regarding lawyers citing AI-generated, nonexistent cases. Judge Holmes indicated that the Court is proceeding cautiously given that a large share of its docket involves pro se taxpayers and emphasized the difficulty of crafting appropriate sanctions in that context. The discussion highlights broader concerns about hallucinated authorities, potential IRS misuse of AI, and the need to protect sensitive taxpayer information as the Court balances enforcement with legitimate AI uses.

IRS guidance

March 13, 2026: The IRS announced that the secretary of the US Department of the Treasury is no longer serving as acting IRS commissioner following the expiration of authority under the Federal Vacancies Reform Act of 1998. Chief Executive Officer Frank J. Bisignano is currently leading the IRS’s day-to-day operations.

March 16, 2026: The IRS issued Revenue Ruling 2026-11, updating the rules and technical specifications for substitute versions of Form 941, Form 8974, and related schedules, including Schedules B, D, and R. The guidance provides standards for paper and computer-generated substitutes used by software developers and payroll providers and supersedes prior guidance.

March 17, 2026: The IRS issued Notice 2026-19, providing updated interest rates for pension the corporate bond monthly yield curve, spot segment rates under Internal Revenue Code (Code) § 417(e)(3), and 24-month average segment rates under Code § 430(h)(2). The notice also includes the applicable 30-year Treasury rate for February 2026 (4.76%) and related weighted average rates.

March 18, 2026: The IRS issued Notice 2026-20, extending for one additional year the temporary relief provided by Notice 2025-7, which allows taxpayers to use alternative methods to identify which units of digital assets are sold, disposed of, or transferred when held with a broker. Under this relief, taxpayers may identify units on their own books and records, including through standing orders, rather than communicating with brokers. The notice clarifies that this does not prevent taxpayers from complying with § 1.1012-1(j)(3)(ii).

March 20, 2026: The IRS issued Revenue Procedure 2026-17, providing transition relief under Code § 163(j) that allows certain taxpayers to withdraw previously irrevocable elections to be treated as electing real property trades or businesses, electing farming businesses, or excepted regulated utility trades or businesses. The guidance also permits taxpayers withdrawing those elections to make a late election out of bonus depreciation, allows taxpayers to revoke or make controlled foreign corporation group elections without regard to the 60-month limitation, and permits eligible Bipartisan Budget Act of 2015 (BBA) partnerships to file amended Forms 1065 and issue amended Schedules K-1.

The IRS also released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums, and Chief Counsel Advice).

Recent court decisions

March 9, 2026: [...]

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IRS roundup: February 17 – February 27, 2026

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for February 17, 2026 – February 27, 2026.

February 17, 2026: The IRS released Revenue Ruling 2026-6, which provides the March 2026 applicable federal rates.

February 18, 2026: The IRS released Notice 2026-7, which provides additional interim guidance and updates existing guidance on the application of the corporate alternative minimum tax (CAMT) under Internal Revenue Code (Code) Sections 55, 56A, and 59. The notice modifies previously issued CAMT guidance, particularly Notices 2025‑49 and 2025‑46. It also introduces several new updates to adjusted financial statement income regarding intangibles and repairs under Code Section 197 and changes to domestic research amortization expenses based on changes brought by the One Big Beautiful Bill Act (OBBBA).

February 19, 2026: The IRS released Notice 2026-14, which provides the 24-month average corporate bond segment rates for February 2026, the yield curve and segment rates for single-employer plans, and the 30-year Treasury securities interest rates.

February 20, 2026: The IRS released Notice 2026-16, which provides interim guidance and announces forthcoming proposed regulations addressing the special depreciation allowance for qualified production property under Code Section 168(n), as created by the OBBBA.

The notice provides interim guidance regarding the definitions of “qualified production property” and “qualified production activity,” how to determine the special depreciation allowance for qualified production property, and how and when an election to treat property as qualified production property is made. Qualified production property generally includes nonresidential real property used as an integral part of a qualified production activity, such as manufacturing, chemical production, agricultural production, or refining, that results in the substantial transformation of a qualified product. The notice also explains how the depreciation recapture rules apply to property that ceases to meet the requirements to be qualified production property. Taxpayers may rely on Notice 2026-16 until proposed regulations are issued. Comments on the interim guidance are requested within 60 days.

February 23, 2026: The IRS released Announcement 2026-7, which states that certain portions of final regulations relating to required minimum distributions under Code Section 401(a)(9) will apply for the distribution calendar year that begins no earlier than six months after the date the final regulations are issued in the Federal Register.

February 25, 2026: The IRS released Notice 2026-17, which announces forthcoming proposed regulations under Code Section 987. The notice allows taxpayers to elect the equity and basis pool method for determining taxable income or loss and foreign currency gain or loss with respect to a qualified business unit.

The IRS also released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums, and Chief Counsel Advice).




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New USPS postmark rules may impact tax filings

Effective December 24, 2025, the United States Postal Service (USPS) adopted final rules that revise how postmarks are defined and treated. These changes have important implications for taxpayers who plan to mail their tax returns and rely on postmarks to establish timely filing.

Under the new framework, the USPS has clarified and, in some cases, narrowed what qualifies as an official postmark, where and when postmarks may be applied, how postmark dates correspond to the USPS’s acceptance of a mailpiece, and which mailing methods provide valid evidence of mailing dates. Taxpayers who do not adhere to the updated requirements may face an increased risk that their returns will be treated as late‑filed.

The USPS finalized the newly added Section 608.11, “Postmarks and Postal Possession” (the Final Rule), as part of the Domestic Mail Manual. On August 12, 2025, the USPS published the proposed rule, 90 F.R. 38716, and invited public comment. The USPS noted that this process was not a traditional rulemaking process because the Final Rule does not make any changes to USPS procedures for applying postmarks to mail and instead provides key definitions. The Final Rule’s purpose is to document existing practices and provide clearer guidance on how postmarks work and how they may differ from a mailpiece’s actual date of mailing.

What is the Final Rule?

Under the Final Rule, a “postmark” is defined as a marking applied by the USPS to confirm its acceptance of custody of a mailpiece. The postmark displays the location of the processing facility or retail unit that applied it, which may not be the location where the USPS first obtained possession of the mailpiece. As a result, the postmark date is not necessarily the date the USPS first obtained possession of the mailpiece. The postmark date generally reflects either the date of the first automated processing operation that is performed on the mailpiece or the date that the mailpiece was first accepted at a retail counter. Because most postmarks are applied at processing facilities, the postmark date and location often differ from the date and place of initial acceptance of the mailpiece

On January 2, 2026, the USPS issued a public statement titled Postmarking Myths and Facts, reiterating that it has not changed its postmarking practices. However, the USPS explained that recent adjustments to its transportation network mean some mail may not reach the processing facility on the same day it is collected or dropped off. Consequently, the postmark date applied at a processing center may differ from the actual date the customer mailed the item.

The Final Rule aims to equip customers with enough information to adjust their mailing practices (e.g., by mailing earlier, requesting a manual postmark at a retail location, or purchasing a Certificate of Mailing).

Importance for tax filings

Internal Revenue Code Section 7502(a) provides that the postmark date is treated as the date a tax return or payment is delivered to the Internal Revenue Service (IRS), sometimes known as the [...]

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IRS roundup: June 3 – 17, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for June 3, 2025 – June 17, 2025.

Commissioner update

June 16, 2025: Billy Long was sworn in as the 51st IRS Commissioner after having been confirmed by the US Senate on June 12. Long served as a US Representative for Missouri’s 7th congressional district from 2011 to 2023. His term will run through November 12, 2027.

IRS guidance

June 12, 2025: The IRS has announced that it is experiencing a delay in processing electronic payments and that some taxpayers are receiving notices indicating a balance due even though payments were timely made.

Taxpayers who receive a balance due notice but electronically paid the tax they owed in full and on time do not need to respond. The IRS has said that any associated penalties and interest will be automatically adjusted once the payment(s) are applied correctly.

June 12, 2025: The IRS released Tax Tip 2025-39, reminding businesses about the Childcare Tax Credit. Taxpayers may receive a credit of up to $150,000 per year to offset 10% of qualified childcare resource and referral costs and 25% of qualified childcare facility costs.

To be eligible for the credit, an employer must have paid or incurred qualified childcare costs during the tax year to provide childcare services to employees. Employers should complete Form 8882, Credit for Employer-Provided Childcare Facilities and Services, to claim the credit. The credit is subject to the carryback and carryover rules for business credits.

June 12, 2025: The IRS issued Notice 2025-33, extending for an additional year the transitional relief provided in Sections 3.01, 3.02, and 3.06 of Notice 2024-59. Notice 2025-33 provides transitional relief from penalties with respect to certain information reporting obligations under Section 6045 and provides transitional relief from the liability for the payment of backup withholding tax required to be withheld under Section 3406 and its accompanying regulators.

This notice also provides transitional relief from penalties for brokers who fail to pay that tax with respect to certain sales of digital assets required to be reported under Section 6045, as well as a digital asset sale relief for certain customers that have not been previously classified by the broker as US persons.

June 13, 2025: The IRS issued Notice 2025-35, providing guidance on the corporate bond monthly yield curve, corresponding spot segment rates under Internal Revenue Code (Code) Section 417(e)(3), and the 24-month average segment rates under Code Section 430(h)(2). The notice also provides guidance on the interest rate for 30-year Treasury securities under Code Section 417(e)(3)(A)(ii)(II) (for plan years in effect before 2008) and the 30-year Treasury weighted average rate under Code Section 431(c)(6)(E)(ii)(I).

June 17, 2025: The IRS issued Revenue Ruling 2025-13, providing prescribed rates for federal income tax purposes for July 2025, including but not limited to:




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Upcoming Webinar: Defeating IRS Penalties

The IRS has an extensive set of penalties that it can impose on both corporate and individual taxpayers, and recent audit trends indicate a growing tendency to apply multiple penalties. Join McDermott’s Tax Controversy & Litigation Group on March 5, 2025, for a webinar that will dive into the penalties the IRS may pursue and the strategies you can use to defend against them. Gain key insights into both the substantive and procedural aspects of IRS penalties, along with critical steps to safeguard your interests.

Discuss topics will include:
• Strategies for seeking abatement of IRS penalties and available defenses
• Preserving the attorney-client privilege during penalty cases
• Emerging trends in litigating penalty cases
• Understanding the IRS’s enforcement efforts relating to partnerships

Click here for details and to register.




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IRS Roundup February 10 – 14, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of February 10, 2025 – February 14, 2025.

TAX-CONTROVERSY-RELATED DEVELOPMENTS

The previous IRS Roundup provided general coverage of the proposed Taxpayer Assistance and Service (TAS) Act. This post highlights Section 310 of the TAS Act, which would give the US Tax Court authority to hear general refund suits similar to those currently heard in the US district courts and the US Court of Federal Claims.

Historically, taxpayers could only contest their tax liability by first paying the tax and then suing for a refund in a district court or the Court of Federal Claims. The Board of Tax Appeals (BTA), the forerunner to the Tax Court, was created in 1924 to give taxpayers a prepayment forum in which to dispute their tax liability. The BTA was initially proposed to have general refund suit jurisdiction, but Congress limited its jurisdiction to cases brought in response to a notice of deficiency. Several proposals have been made over the years to expand the jurisdiction of the BTA and (now) the Tax Court to include general refund suits, which they would share with the district courts and the Court of Federal Claims. Recent support for this approach has come from National Taxpayer Advocates Nina Olson and Erin Collins. As one commentator noted, the proposed expansion to the Tax Court’s jurisdiction has the potential to improve access to justice for taxpayers and reduce the burden on district courts and the Court of Federal Claims.

IRS GUIDANCE

February 12, 2025: The IRS issued Revenue Procedure 2015-16, which provides depreciation deduction limitations for “passenger automobiles” (including trucks and vans) placed in service during 2025 and income inclusion amounts for lessees of such vehicles. The revenue procedure also includes two tables detailing depreciation limits based on whether the Internal Revenue Code (Code) § 168(k) additional first-year depreciation deduction applies. Additionally, the revenue procedure outlines the inflation adjustment calculation for these limits and provides a table for determining income inclusions for leased passenger automobiles. The tables reflect the automobile price inflation adjustments required by Code § 280F(d)(7).

February 12, 2025: The IRS released Notice 2025-14, which provides guidance on the corporate bond monthly yield curve, spot segment rates under Code § 417(e)(3), and 24-month average segment rates under Code § 430(h)(2). The notice also provides guidance as to the interest rate on 30-year Treasury securities under Code § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under Code § 431(c)(6)(E)(ii)(I).

February 13, 2025: The IRS issued Revenue Procedure 2025-15, which provides discount factors for the 2024 accident year for insurance companies to use when computing discounted unpaid losses under Code § 846 and discounted estimated salvage recoverable under Code § 832. The revenue procedure includes tables with discount factors for various lines of business (both short- and long-tail) and addresses the use of [...]

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IRS Roundup January 20 – 31, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the weeks of January 20, 2025 – January 24, 2025, and January 27, 2025 – January 31, 2025.

TAX-CONTROVERSY-RELATED DEVELOPMENTS

January 22, 2025: The IRS reminded taxpayers that they have rights – outlined in the Taxpayer Bill of Rights – any time they interact with the IRS. These rights cover a wide range of topics and issues and lay out what taxpayers can expect when interacting with the IRS. Taxpayers should also know that the Taxpayer Advocate Service (TAS) is an independent organization within the IRS that helps taxpayers and protects their rights for free. TAS can help if assistance is needed to resolve an IRS problem, if a problem is causing financial difficulty, or if an IRS system or procedure isn’t working as it should.

January 24, 2025: Alarm Concepts Inc. filed a class action lawsuit against the IRS and Booz Allen Hamilton Inc. after being notified that its tax data was stolen and leaked by Charles Littlejohn, a Booz Allen employee contracted to work at the IRS. Littlejohn pled guilty in October 2023 to unlawfully disclosing confidential tax returns and return information between 2018 and 2020. The breach appears to have affected tens of thousands of taxpayers.

The lawsuit alleges that the IRS failed to implement adequate cybersecurity measures despite repeated warnings, and that Booz Allen neglected to protect the data. The stolen information includes sensitive details from Forms 1099 and Schedule K-1. The lawsuit highlights ongoing risks of identity theft and fraud for the affected taxpayers.

The lawsuit asserts that Alarm Concepts and class members are entitled to statutory damages of $1,000 for each unauthorized inspection or disclosure, as well as punitive damages because the disclosures were willful or the result of gross negligence.

January 30, 2025: The US Senate Committee on Finance released a bipartisan discussion draft of legislation aimed at improving IRS procedures and administration. The proposed bill, named the Taxpayer Assistance Service Act (TAS Act), seeks to enhance the taxpayer experience by facilitating better communication with the IRS, streamlining tax compliance and dispute processes, and ensuring timely expert assistance. Key provisions include improving “math error” notices, expanding US Tax Court jurisdiction, simplifying foreign bank account report compliance, and expanding access to the IRS Independent Office of Appeals. The draft also aims to expand the independence of the National Taxpayer Advocate (NTA) from the IRS and strengthen the IRS whistleblower program while protecting the confidentiality of taxpayer information.

The proposed bill reflects nonpartisan recommendations and seeks to address challenges faced by taxpayers within the current tax system. Proponents of the proposed bill include the current NTA Erin Collins and the long-serving former NTA Nina Olson. Olson described the TAS Act as a “sweeping piece of legislation that promises to improve federal tax administration and increase taxpayer protections.”

TAX RETURN FILING SEASON DEVELOPMENTS

January [...]

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