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.
Uncle Sam Is Buying Your Next Business Meal – at Least Half of It!
By Kevin Spencer on Oct 5, 2018
Posted In IRS Guidance, Tax Reform, Uncategorized
Tax reform made many structural changes to our tax system. Changes to Code Section 274, however, sent shudders through corporate America. As amended, Code Section 274 eliminated the 50 percent deduction for “entertainment” expenses that are related to business activities. Sadly, gone are the days of companies deducting the cost of box tickets to games...
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More Developments on IRS’s Real-Time Audit Program
By Kevin Spencer and McDermott Will & Emery on Oct 2, 2018
Posted In IRS Audits, IRS Guidance, Tax Reform, Transfer Pricing Resource, Uncategorized
We have previously discussed ongoing developments with the Internal Revenue Service’s (IRS) Compliance Assurance Process (CAP) program. In brief summary, CAP is a real-time audit program that seeks to resolve the tax treatment of all or most return issues before the tax return is filed. The CAP program began in 2005 on an invitation-only basis...
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A Lot Is Going on at the Tax Court
By Kevin Spencer and McDermott Will & Emery on Sep 25, 2018
Posted In Court Procedure Matters, Trial Courts, Uncategorized
The US Tax Court is alive with action these days. First, two new judges will start soon after they are sworn in. Ms. Elizabeth Copeland and Mr. Patrick Urda were nominated on August 2017 for 15-year terms to fill openings created by retiring tax court judges. They were confirmed on August 28, 2018. Ms. Copeland...
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IRS Proposes to Withdraw Debt-Equity Documentation Regulations
By Kevin Spencer and McDermott Will & Emery on Sep 21, 2018
Posted In IRS Guidance, Uncategorized
Over the years, the determination of whether an item constitutes debt or equity has generated significant litigation. Courts have developed multifactor tests and engaged in intensive fact finding to make this determination. Arguably, part of the reason for the numerous disputes was the lack of regulations under Internal Revenue Code (Code) Section 385, which explicitly...
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LB&I Announces Five New Campaigns
By Kevin Spencer, McDermott Will & Emery and McDermott Will & Emery on Sep 17, 2018
Posted In IRS Guidance, Transfer Pricing Resource, Uncategorized
On September 10, 2018, the Internal Revenue Service (IRS) Large Business and International (LB&I) Division announced five new audit “campaigns.” These new campaigns follow: (1) the initial 13 campaigns announced on January 31, 2017; (2) followed by 11 campaigns announced on November 3, 2017; (3) five campaigns announced on March 13, 2018; six campaigns announced...
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Senate Confirms Rettig as Next IRS Commissioner; Desmond Next?
By Kevin Spencer and McDermott Will & Emery on Sep 13, 2018
Posted In IRS Audits, Tax Reform, Trial Courts, Uncategorized
On September 12, 2018, the Senate confirmed, by a vote of 64-33, Charles P. Rettig to be Commissioner of the Internal Revenue for the term expiring November 12, 2022. We previously discussed the nomination of Mr. Rettig and his background here. The IRS Commissioner presides over the United States’ tax system and is responsible for...
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President Trump to Nominate Greaves to Tax Court; Senate Confirms Copeland and Urda
By Kevin Spencer and McDermott Will & Emery on Aug 29, 2018
Posted In Trial Courts, Uncategorized
On August 27, 2018, President Trump announced his intent to nominate Mr. Travis A. Greaves to serve as a judge on the United States Tax Court (Tax Court). This marks the fifth new person that President Trump has nominated to the Tax Court since becoming president, joining Elizabeth Copeland, Patrick Urda, Courtney Dunbar Jones and...
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IRS Announces That CAP Will Continue
By Kevin Spencer and McDermott Will & Emery on Aug 28, 2018
Posted In Alternative Dispute Resolution, IRS Appeals, IRS Audits, IRS Guidance, Settlements, Tax Refunds, Transfer Pricing Resource, Uncategorized
On August 27, 2018, the Internal Revenue Service (IRS) announced that the Compliance Assurance Process (CAP) program will continue, with some modifications. As we previously discussed, the IRS began an assessment of the CAP program in August 2016 to determine if any recalibration was needed. CAP is an IRS program that seeks to identify and...
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Alta Wind: Federal Circuit Reverses Trial Court and Kicks Case Back to Answer Primary Issue
By Kevin Spencer and Philip Tingle on Aug 6, 2018
Posted In Appellate Courts, Court Procedure Matters, Transfer Pricing Resource, Trial Courts, Uncategorized
On July 27, 2018, the US Court of Appeals for the Federal Circuit in Alta Wind v. United States, reversed and remanded what had been a resounding victory for renewable energy. The US Court of Federal Claims had ruled that the plaintiff was entitled to claim a Section 1603 cash grant on the total amount...
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Supreme Court Justice Kennedy Retires in Wake of Wayfair
By Kevin Hall and Kevin Spencer on Jun 28, 2018
Posted In Appellate Courts, Court Procedure Matters, Trial Courts, Uncategorized
On June 27, Supreme Court Justice Anthony Kennedy announced his retirement, effective July 31, 2018. This announcement follows last week’s 5-4 decision in South Dakota v. Wayfair, authored by Justice Kennedy, which reversed the physical presence requirement originally established in National Bellas Hess and reaffirmed in Quill. Other important tax (and tax-related) cases have decided...
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