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.
NTA Nina Olson Announces Upcoming Retirement
By Kevin Spencer and McDermott Will & Emery on Mar 1, 2019
Posted In IRS Guidance, Uncategorized
We have written in the past about the Taxpayer Advocate Service (TAS), which is an independent organization within the Internal Revenue Service (IRS) whose job is to ensure that every taxpayer is treated fairly and knows and understands taxpayer rights. For the past 18 years, Nina Olson has been the National Taxpayer Advocate (NTA) –...
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IRS LB&I Division Announces Its New Year’s Resolutions
By McDermott Will & Emery, Kevin Spencer and McDermott Will & Emery on Feb 6, 2019
Posted In IRS Audits, IRS Guidance, Tax Reform, Uncategorized
Each New Year, many of us look back on the previous year’s activities, and determine what we want to accomplish in the coming year – lose weight, start exercising, read more tax articles, etc. The Internal Revenue Service (IRS) Large Business & International (LB&I) Division memorialized its New Year’s resolutions for 2019 in Publication 5319....
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Desmond Renominated as Chief Counsel
By Kevin Spencer and McDermott Will & Emery on Feb 5, 2019
Posted In IRS Appeals, IRS Audits, IRS Guidance, Trial Courts, Uncategorized
On March 2, 2018, President Trump nominated Michael Desmond to be the Chief Counsel of the Internal Revenue Service (IRS). Unfortunately, the Senate did not get around to confirming him. On January 16, 2019, President Trump renominated Mr. Desmond, and the US Senate Committee on Finance has scheduled a hearing for February 5th to consider...
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IRS Releases Practice Units on Permanent Establishments
By K. Christy Vouri-Misso and Kevin Spencer on Jan 31, 2019
Posted In IRS Audits, IRS Guidance, Uncategorized
On January 29 and 30, 2019, the Internal Revenue Service’s Large Business and International (LB&I) division released new Practice Units on Permanent Establishments, which can be found here and here. Permanent Establishments create taxing nexus for foreign businesses doing business in the United States and for those who have “effectively connected income.” The Practice Units...
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Joint Committee Releases Overview of Its Refund Review Process
By Kevin Spencer and McDermott Will & Emery on Jan 10, 2019
Posted In IRS Appeals, IRS Audits, IRS Guidance, Settlements, Tax Refunds, Uncategorized
Clients ask us all of the time, “What is the Joint Committee on Taxation’s (JCT) process for reviewing refund claims granted by the Internal Revenue Service (IRS)?” Recently, the JCT has released an overview of its process. Wait, what? After the IRS has agreed to issue you a refund, there is a congressional committee that...
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In-Person IRS Appeals Conferences Are Here to Stay
By Kevin Spencer and McDermott Will & Emery on Dec 14, 2018
Posted In IRS Appeals, IRS Guidance, Uncategorized
On November 28, 2018, the IRS issued a memorandum to its Appeals division employees, providing guidance on how and where to conduct Appeals conferences with taxpayers. As we have previously reported, the IRS Appeals division has been in flux for the last several years constrained by limited resources, retiring Appeals Officers, and an ever-growing case...
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Tax Court Announces Adoption of Amendments to Rules of Practice and Procedure
By Kevin Spencer and McDermott Will & Emery on Dec 4, 2018
Posted In Court Procedure Matters, Trial Courts, Uncategorized
Back in April, we discussed possible changes to the Tax Court Rules of Practice and Procedure based on comments made at the Tax Court Judicial Conference in Chicago. On November 30, 2018, the Tax Court announced the adoption of amendments to its Rules in several areas. Certain amendments are discussed below. Payments to the Tax...
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Cryptocurrency May Be Subject to US Tax: Come Into Compliance Now
By Kevin Spencer, McDermott Will & Emery and McDermott Will & Emery on Nov 16, 2018
Posted In IRS Guidance, Uncategorized
Lately, we have been frequently asked the question: “I file US tax returns and pay taxes here. Are my cryptocurrency transactions taxable or reportable in the US?” The answer for US persons and US taxpayers most likely is “yes.” US persons are generally taxable on income earned worldwide, regardless of the manner in which that...
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Law360: A Look At Tax Code Section 199’s Last Stand
By Kevin Spencer and McDermott Will & Emery on Nov 7, 2018
Posted In Alternative Dispute Resolution, Court Procedure Matters, IRS Guidance, Settlements, Tax Reform, Trial Courts, Uncategorized
Andy Roberson, Kevin Spencer and Emily Mussio recently authored an article for Law360 entitled, “A Look At Tax Code Section 199’s Last Stand.” The article discusses the IRS’s contentious history in handling Code Section 199 and the taxpayers’ continued battle to claim the benefit – even after its recent repeal. Access the full article. Originally...
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The LB&I Campaigns Keep Coming!
By Kevin Spencer and McDermott Will & Emery on Oct 31, 2018
Posted In IRS Audits, IRS Guidance, Uncategorized
The Internal Revenue Service (IRS) Large Business and International (LB&I) Division continues to churn out new audit “campaigns.” The most recent announcement on October 30, 2018, identifies five new campaigns, which were identified through LB&I data analysis and suggestions from IRS employees. With the addition of these new campaigns, LB&I has now identified 50 campaigns...
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