Jean A. Pawlow
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By McDermott Will & Emery, Alejandro Ruiz, David G. Noren, Jean A. Pawlow, Kevin Spencer, Kristen E. Hazel, Robin L. Greenhouse, Sandra P. McGill and Timothy S. Shuman on Nov 1, 2017
Posted In Court Procedure Matters, IRS Guidance, State Controversy, Tax Reform, Tax Refunds, Transfer Pricing Resource, Trial Courts, Uncategorized
The October 2017 issue of Focus on Tax Strategies & Developments has been published. This issue includes five articles that provide insight into US federal and international tax developments and trends across a range of industries, as well as strategies for navigating these complex issues. Republican Leaders Release Tax Reform Framework By David G. Noren Alexander Lee M&A Tax Aspects...
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IRS Extends Permanent Invitation to Exam to Attend Appeals Conferences
By Jean A. Pawlow and Kevin Spencer on Sep 8, 2017
Posted In IRS Appeals, IRS Guidance, Uncategorized
On May 1, 2017, the IRS issued FAQs concerning its recent practice of inviting IRS Examination Agents (Exam) into the Appeals discussion. The FAQs make clear that Exam will now be routinely invited to Appeals conferences. The release premises this procedural shift on perceived efficiencies of having Exam stay during the taxpayer’s rebuttal presentation. The...
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The IRS’s Assault on Section 199 (Computer Software) Doesn’t Compute
By Jean A. Pawlow, Kevin Spencer and Robin L. Greenhouse on Apr 24, 2017
Posted In Court Procedure Matters, IRS Appeals, IRS Audits, IRS Guidance, Trial Courts, Uncategorized
Internal Revenue Code Section 199 permits taxpayers to claim a 9 percent deduction related to the costs to develop software within the U.S. The relevant regulations and their interpretation, however, place substantial restrictions on claiming the benefit. Moreover, the regulations and the government’s position haven’t kept up with the technological advances in computer software. Before claiming...
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More Changes to IRS Appeals Procedures
By Jean A. Pawlow on Nov 4, 2016
Posted In Alternative Dispute Resolution, IRS Appeals, IRS Audits, Settlements, Uncategorized
In a letter dated November 4, 2016, IRS Chief of Appeals Kirsten Wielobob provided some clarification regarding the authority of the Appeals Team Case Leaders (ATCLs) to settle cases, revisions to IRM section 8.6.1.4.4 permitting other IRS employees to attend conferences, clarifications to conference practices, and revisions to how Appeals handles section 9100 relief determinations....
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IRS Appeals – Changes Afoot?
By Jean A. Pawlow and Kevin Spencer on Oct 4, 2016
Posted In IRS Appeals, IRS Guidance, Settlements, Uncategorized
IRS Appeals cases within the Large Business and International (LB&I) division that involve a significant number of issues, a significant amount of money, or highly complex issues are typically assigned to a “team” of IRS Appeals officers. The Appeals Team Case Leader (ATCL), however, has “complete control” of the case, is “independent” from the IRS...
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IRS Updates Rules Regarding Appeals Conferences
By Kevin Spencer, Jean A. Pawlow, Bradford E. LaBonte, McDermott Will & Emery, Robin L. Greenhouse and McDermott Will & Emery on Sep 22, 2016
Posted In IRS Appeals, IRS Guidance, Settlements, Uncategorized
The Internal Revenue Service (IRS) has revised the Internal Revenue Manual (IRM) regarding Appeals Conferences. Below is a summary of material changes to IRM 8.6.1, effective October 1, 2016: The IRM was revised to reflect that most conferences in Appeals will be conducted by telephone. The revision also provides guidance for when in-person conferences are appropriate...
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Facebook Battles IRS In Summons Enforcement Case
By Jean A. Pawlow and Kevin Spencer on Aug 12, 2016
Posted In Court Procedure Matters, IRS Audits, Privilege and Non-Disclosure, Transfer Pricing Resource, Trial Courts, Uncategorized
Facebook is in a protracted battle with the IRS related to its off-shoring of IP to an Irish affiliate. Read more here. The IRS issued an administrative summons for the documents, and Facebook has refused to comply with the summons. The IRS is asking the court to enforce the summons and force Facebook to turn...
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