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.
Show Me the Money: IRS Introduces Webpage for Large Refunds Subject to JCT Review
By Kevin Spencer and McDermott Will & Emery on Sep 23, 2021
Posted In IRS Audits, IRS Guidance, Tax Refunds
When we previously wrote about the Joint Committee on Taxation’s (JCT) process for reviewing refund claims granted by the Internal Revenue Service (IRS), we explained that the IRS generally must submit proposed refunds in excess of $5 million for corporate taxpayers and $2 million for all other taxpayers to the JCT before any such refunds...
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The Results are in: IRS Appeals Retains Discretion to Continue to Allow Exam Teams and Chief Counsel to Attend Conferences
By Kevin Spencer and McDermott Will & Emery on Sep 14, 2021
Posted In IRS Appeals
The IRS Independent Office of Appeals (IRS Appeals, Appeals) has seen many changes over the past several years. One of the more controversial and publicized change related to the 2017 pilot program to test whether inviting Large Business & International (LB&I) exam teams and Chief Counsel attorneys to engage with taxpayers and their representatives at...
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IRS Acknowledges Limitations on Use of Outside Contractors in Audits
By Kevin Spencer, Evan Walters and McDermott Will & Emery on Sep 10, 2021
Posted In IRS Audits, IRS Guidance, Trial Courts
Several years ago, it came to light that the Internal Revenue Service (IRS) had hired a law firm to assist with transfer pricing matters in an ongoing audit of a large corporate taxpayer. Contemporaneous with that hiring, the IRS issued temporary regulations providing that third-party contractors “may receive books, papers, records, or other data summoned...
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IRS Releases Fact Sheet on Acceptable Electronic Signatures
By Kevin Spencer, Brian Moore and McDermott Will & Emery on Sep 9, 2021
Posted In IRS Guidance
The Internal Revenue Service (IRS) released a fact sheet, providing guidance on acceptable methods for taxpayers to electronically or digitally sign certain paper forms that they cannot file electronically. In order to provide taxpayers with greater flexibility during the COVID-19 pandemic, the IRS previously announced taxpayers may use digital signatures for certain forms through the...
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What are the Time Limits for Assessing Additional Federal Tax and Filing a Refund Claim?
By Kevin Spencer and McDermott Will & Emery on Sep 3, 2021
Posted In IRS Audits, IRS Guidance, Tax Reform, Tax Refunds
The Internal Revenue Service (IRS) must follow the “statute of limitations” as stated in Internal Revenue Code (IRC) Section 6501 to “assess” additional federal tax. Likewise, taxpayers must seek a tax overpayment or refund within the statutory period stated in IRC Section 6511. In this article, we’ll answer some of the most common questions regarding...
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Key Takeaways | Cryptocurrency Global Tax Enforcement: What Investors and Companies in the Industry Need to Know NOW
By Simon Airey, Kevin Spencer and Katharine Suominen on Jul 27, 2021
Posted In IRS Guidance, Tax Reform
During a recent program discussing the latest government enforcement efforts related to cryptocurrency, we spoke with Gary Alford, one of the leading Internal Revenue Service (IRS) agents in their crypto enforcement efforts, Perry Carbone, Chief of the White Plains Office (US Attorney’s Office – SDNY) and Andy Cole, former Director of Specialist Investigations at HM...
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IRS Issues Annual “Dirty Dozen” List of Tax-Related Scams
By Kevin Spencer, Evan Walters and McDermott Will & Emery on Jul 1, 2021
Posted In IRS Guidance
Each year, the Internal Revenue Service (IRS) publishes a list of tax-related scams, which it calls the “Dirty Dozen.” This year, it provided a “Dirty Dozen” scam series warning taxpayers of such scams. In IR-2021-135 (June 28, 2021), the IRS rolled out its “Dirty Dozen” list for 2021, warning taxpayers to look out for 12...
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Cryptocurrency Global Tax Enforcement: What Investors and Companies in the Industry Need to Know NOW
By Kevin Spencer, Simon Airey and McDermott Will & Emery on Jun 30, 2021
Posted In IRS Guidance, Tax Reform
On June 28, 2021, McDermott held a webinar presentation titled “Cryptocurrency Global Tax Enforcement: What Investors and Companies in the Industry Need to Know NOW.” Topics during this webinar included: How to address the tax consequences of past virtual currency transactions, including potential voluntary disclosure considerations. How to protect your business from a US Department...
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Ninth Circuit Holds Tax Form is Substance
By Kevin Spencer and McDermott Will & Emery on Jun 4, 2021
Posted In Appellate Courts, Court Procedure Matters, Trial Courts
The substance over form doctrine (and related step transaction and economic substance doctrines) are often invoked by courts to disallow tax consequences that seem too good to be true. Courts have struggled for years with how to properly apply these doctrines. Those advocating against application usually rely on the famous passage by Judge Learned Hand...
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Supreme Court Opens Door to APA Challenge of Overreaching IRS Information Reporting Regime
By Kevin Spencer, Jenny L. Johnson Ware and McDermott Will & Emery on May 28, 2021
Posted In Appellate Courts, Court Procedure Matters, IRS Audits, IRS Guidance, Trial Courts
In CIC Services, LLC v. Internal Revenue Service, a unanimous US Supreme Court allowed CIC, a tax advisor, to proceed with a pre-enforcement challenge to the Internal Revenue Service’s (IRS) “reportable transaction” regime. CIC alleged that the IRS violated the Administrative Procedure Act (APA) when it issued Notice 2016-66 (Notice), deeming certain micro-captive insurance transactions...
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