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.
Tax Court Relaxes COVID-19 Protocols
By Kevin Spencer, Robert Levin and McDermott Will & Emery on Aug 25, 2022
Posted In Appellate Courts, Court Procedure Matters, Trial Courts
Courts have been relaxing their COVID-19 protocols over the past several months, and on August 23, 2022, the US Tax Court announced its latest position. In Administrative Order No. 2022-01, the Tax Court detailed new protocols for entry into the Washington, DC, courthouse, as well as in-person proceedings at all the locations in which it...
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Courts Outline Boundaries of the Anti-Injunction Act Post-CIC Services
By Kevin Spencer, Sarah M. Raben and McDermott Will & Emery on Aug 23, 2022
Posted In Appellate Courts, Court Procedure Matters, IRS Appeals, Trial Courts
Since the Supreme Court of the United States’ decision in CIC Servs., LLC v. IRS was issued in May 2021, courts have grappled with how to apply the Anti-Injunction Act (AIA) in other contexts. The US Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a lawsuit under the AIA in Hancock...
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It’s Official: President Biden Signs the Inflation Reduction Act into Law, IRS to Receive Increased Funding
By Kevin Spencer and McDermott Will & Emery on Aug 17, 2022
Posted In IRS Audits, IRS Guidance, Tax Reform
On August 16, 2022, US President Joe Biden signed into law the Inflation Reduction Act of 2022 (Act). A press release from the White House touts the Act as one that will “lower the costs for families, combat the climate crisis, reduce the deficit, and finally ask for the largest corporations to pay their fair...
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Huge Win for Refined Coal: DC Appeals Court Permits Tax Credits
By Kevin Spencer and McDermott Will & Emery on Aug 16, 2022
Posted In Appellate Courts, Court Procedure Matters, Trial Courts
On August 5, 2022, the US Court of Appeals for the District of Columbia Circuit upheld the US Tax Court’s bench opinion in favor of partners and investors in a refined coal business. The Internal Revenue Service (IRS) has consistently fought taxpayers’ attempts to claim a tax credit for refining coal despite a clear congressional...
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Is the IRS Finally Receiving Increased Funding?
By Kevin Spencer and McDermott Will & Emery on Jul 28, 2022
Posted In IRS Audits, IRS Guidance, Tax Refunds
After months of back and forth, it appears that additional funding is on its way to the Internal Revenue Service (IRS). Senate Majority Leader Chuck Schumer (D-NY) released a statement yesterday on his agreement with Senator Joe Manchin (D-WV) on the FY2022 Budget Reconciliation legislation and plans to hold a vote in the US Senate...
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IRS Continues Hiring Trend; Looks to Add over 400 Revenue Agents in the SB/SE Division
By Kevin Spencer, Evan Walters and McDermott Will & Emery on Jul 18, 2022
Posted In IRS Guidance
The Internal Revenue Service (IRS) recently announced that it will hire 470 new revenue agents into the Small Business Self Employed (SB/SE) division. This effort is part of a larger IRS staffing initiative, following a January 2022 announcement that the IRS plans to hire 200 lawyers to assist with litigation efforts, a March 2022 announcement...
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Will the Supreme Court Rule on Whirlpool’s Subpart F Income Case?
By Kevin Spencer and McDermott Will & Emery on Jul 6, 2022
Posted In Appellate Courts, Court Procedure Matters, IRS Guidance, Trial Courts
A war is currently waging in the tax world over when courts should give deference to the US Department of the Treasury’s regulations. (We have written extensively on this subject here and here.) However, another potential war looms: Can courts disregard validly promulgated regulations relied on by taxpayers in favor of their own statutory interpretation?...
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The “Major Questions Doctrine”: Another Tool to Challenge Tax Regulations?
By Kevin Spencer and McDermott Will & Emery on Jul 1, 2022
Posted In Court Procedure Matters, State Controversy
Debates have raged in recent years over the future of Chevron deference, particularly given the change in the makeup and views of the Supreme Court of the United States. We have written extensively on Chevron deference in the past (see here, here and here, for example). Although the Court has not addressed the continuing viability...
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Judge Kathleen Kerrigan Begins Term as Tax Court’s Chief Judge
By Kevin Spencer and McDermott Will & Emery on Jun 3, 2022
Posted In Court Procedure Matters, Trial Courts
On June 1, 2022, Judge Kathleen Kerrigan began her two-year term as Chief Judge of the US Tax Court. Her election as Chief Judge was announced earlier this year and covered on the blog here. Chief Judge Kerrigan replaces Judge Maurice B. Foley, who served as Chief Judge from June 1, 2018, through May 31,...
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IRS Appeals Acknowledges Massive Backlog of Cases, Shares Plan to Catch Up
By Kevin Spencer and McDermott Will & Emery on May 24, 2022
Posted In IRS Appeals, IRS Guidance, Settlements
In a memorandum dated April 19, 2022, the Internal Revenue Service’s (IRS) Independent Office of Appeals (IRS Appeals) acknowledged that it has a large backlog of cases that is slowing down the process of resolving cases with taxpayers. In the memorandum, IRS Appeals details its multipoint plan to get back on track. Apparently, there is...
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