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.
IRS Flexes Its Administrative Summons Power in Recent Tax Case
By Kevin Spencer and Macdonald Norman on Apr 22, 2020
Posted In Appellate Courts, Tax Refunds, Trial Courts, Uncategorized
The United States Court of Appeals for the Tenth Circuit’s recent opinion in Standing Akimbo, LLC v. United States, No. 19-1049 (10th Cir. April 7, 2020), reminds us of the Internal Revenue Service’s (IRS) ability to obtain the information it needs to examine taxpayers’ returns using its powerful summons tool. In May 2017, the IRS...
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IRS Guidance Signals More Stringent Scrutiny on Transfer Pricing Documentation
By Alex Cheng-Yi Lee and Kevin Spencer on Apr 17, 2020
Posted In IRS Audits, IRS Guidance, Transfer Pricing Resource, Uncategorized
On April 14, 2020, the Internal Revenue Service (IRS) issued informal guidance in the form of frequently asked questions (the “FAQs”), urging taxpayers to strengthen their transfer pricing documentation required under Internal Revenue Code (IRC) section 6662(e) and Treasury Regulations § 1.6662-6. IRC section 6662 provides several types of accuracy-related penalties on underpayments of taxes....
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More Guidance on CARES Act Refund Claims
By Kevin Spencer and McDermott Will & Emery on Apr 14, 2020
Posted In IRS Guidance, Tax Refunds, Uncategorized
On April 8, 2020, the Internal Revenue Service (IRS) released a statement telling taxpayers that guidance would be forthcoming on refund claims related to the Coronavirus Aid, Relief and Economic Security Act, or the CARES Act. Consistent with that promise, on April 13, 2020, the IRS issued guidance describing temporary procedures permitting the submission via...
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CARES Act Update: IRS Provides Guidance to Partnerships to Take Advantage of Liquidity Benefits
By David Sherwood, Kevin J. Feeley and Kevin Spencer on Apr 13, 2020
Posted In IRS Guidance, Tax Refunds, Uncategorized
On April 8, 2020, the Internal Revenue Service (IRS) issued Rev. Proc. 2020-23 in response to the Coronavirus Aid, Relief and Economic Security (CARES) Act. Rev. Proc. 2020-23 eases restrictions on partnerships’ ability to file amended tax returns and issue amended Schedules K-1 in order for their partners to avail themselves of the retroactive tax relief provided...
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CARES Act Refund Claim Guidance
By Kevin Spencer and McDermott Will & Emery on Apr 10, 2020
Posted In IRS Guidance, Tax Refunds, Uncategorized
The Coronavirus Aid, Relief and Economic Security Act, or CARES Act, provides tax relief to taxpayers in certain situations. Some of these provisions may generate refunds for prior years, such as the relaxation of restrictions on the use of net operating losses (NOLs) and interest deductions as well as the retroactive availability of additional depreciation...
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IRS Failed to Prove Supervisory Approval For Penalty Based Upon Redacted Document
By Kevin Spencer, Le Chen and McDermott Will & Emery on Apr 8, 2020
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
In a recent order in the The Cannon Corp. v. Commissioner, No. 12466-16, the US Tax Court (Tax Court) held that a redacted email from a revenue agent’s supervisor to the agent regarding a notice of deficiency was not sufficient to satisfy the approval requirement under Internal Revenue Code (IRC) section 6751(b) for the assertion...
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No IDR Enforcement During COVID-19
By Kevin Spencer and McDermott Will & Emery on Mar 27, 2020
Posted In IRS Audits, IRS Guidance, Uncategorized
Yesterday, the Internal Revenue Service (IRS) announced in a memorandum to all Large Business & International (LB&I) division employees that it was suspending the normal Information Document Request (IDR) procedures. The letter suspends enforcement until July 15, 2020; however, LB&I managers will have the discretion to continue with the IDR enforcement process when in their...
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Taxpayer Victory in an IRC Section 199 Contract Manufacturing Case
By Brian Moore, Kevin Spencer and McDermott Will & Emery on Mar 24, 2020
Posted In Tax Refunds, Trial Courts, Uncategorized
Recently, the US Federal District Court for the Southern District of Iowa in Meredith Corp. v. United States, No. 4:17-cv-00385 (S.D. Iowa Mar. 20, 2020), held that a magazine publisher was entitled to refund of federal income tax based for the Internal Revenue Code (IRC) section 199 domestic production deduction based upon the printing services...
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Coronavirus (COVID-19) Results in Tax Court Trial Sessions Cancellations
By Kevin Spencer and McDermott Will & Emery on Mar 11, 2020
Posted In Court Procedure Matters, Uncategorized
The coronavirus (COVID-19) has now impacted the operations of the United States Tax Court (Tax Court). This morning, the Tax Court announced that after assessing all relevant factors relating to COVID-19, including travel and public health considerations, the trial sessions for March 16, 2020, March 17, 2020, March 23, 2020, and March 30, 2020, are...
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New Tax Appointments
By Kevin Spencer and McDermott Will & Emery on Feb 28, 2020
Posted In Trial Courts, Uncategorized
This has been a busy week in the tax appointments world, with the appointment of the new National Taxpayer Advocate (NTA), the reappointment of Chief Judge Foley as Chief Judge of the United States Tax Court (Tax Court), and the confirmation of Travis Greaves to the Tax Court. On February 27, 2020, the Treasury and...
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