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.
National Taxpayer Advocate Reminds Congress of IRS Deficiencies
By Kevin Spencer and McDermott Will & Emery on Apr 18, 2018
Posted In IRS Appeals, IRS Guidance, Uncategorized
On April 17, 2018, the Taxpayer Advocate, Nina E. Olson, testified before a Congressional Oversight Committee regarding on-going challenges to the administration of an efficient and effective tax system. Ms. Olson runs the Taxpayer Advocate Service (TAS), an independent office within the Internal Revenue Service (IRS). The Taxpayer Advocate is appointed by and reports directly to...
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Corporate Tax Newsletter: Are Changes Looming Over Tax Court’s Procedure Rules?
By Kevin Spencer and McDermott Will & Emery on Apr 16, 2018
Posted In Court Procedure Matters, Trial Courts, Uncategorized
Our recent post on potential changes to the Tax Court’s procedure rules has been republished in the Corporate Tax Newsletter – USA by The International Law Office. See here for the article.
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Are Changes Looming over the Tax Court’s Procedure Rules?
By Kevin Spencer and McDermott Will & Emery on Apr 3, 2018
Posted In Court Procedure Matters, Trial Courts, Uncategorized
Tax controversy practitioners are undoubtedly aware of the gradual movement over the years to conform certain Tax Court procedure rules (Tax Court Rules) to those of the Federal Rules of Civil Procedure. In many ways, this makes sense to ensure uniformity of tax cases regardless of whether a taxpayer litigates his tax dispute in a...
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IRS Funding Woes Realized? Audit Rate at 15-Year Low!
By Kevin Spencer and McDermott Will & Emery on Mar 30, 2018
Posted In IRS Appeals, IRS Audits, IRS Guidance, Settlements, Tax Reform, Uncategorized
A shrinking Internal Revenue Budget (IRS) budget has meant that fewer agents are available to make sure that the tax laws are being enforced. We have reported previously about how Congress has decreased the IRS’s budget. In 2017, the audit rate fell to its lowest levels in 15 years because of a shrinking IRS budget and...
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Law360: US District Court To French Tax Authorities: Pas De Probleme
By Kevin Spencer and Robin L. Greenhouse on Mar 15, 2018
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
Robin Greenhouse and Kevin Spencer recently authored, “US District Court To French Tax Authorities: Pas De Probleme” for Law360. The article discusses a case involving IRS summons and taxpayers’ rights in context of the US-France Treaty. Read the full coverage on Law360.
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More Changes to IRS Appeals’ Practices?
By Kevin Spencer and McDermott Will & Emery on Mar 12, 2018
Posted In IRS Appeals, IRS Guidance, Uncategorized
We have previously commented on changes at the Internal Revenue Service (IRS) Appeals Division, including: (1) the allowance of Appeals to invite representatives from the IRS Examination Division (Exam) and IRS Office of Chief Counsel to the Appeals conference, (2) the limitations on in-person conferences, and (3) the use of “virtual” conferences. IRS Extends Permanent...
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White House Intends to Nominate Michael J. Desmond to High-Level Roles in the IRS and the Department of Treasury
By Kevin Spencer, Macdonald Norman and McDermott Will & Emery on Mar 5, 2018
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
The White House announced on March 2 that the president intends to nominate Michael J. Desmond, a prominent tax lawyer, to be the Chief Counsel for the Internal Revenue Service (IRS) and Assistant General Counsel in the Department of Treasury. Subject to approval by the Senate, Mr. Desmond’s new roles will entail providing legal guidance...
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The IRS May Be Coming for Your Bitcoins
By Kevin Spencer and McDermott Will & Emery on Mar 1, 2018
Posted In Court Procedure Matters, IRS Audits, IRS Guidance, Trial Courts, Uncategorized
If you have traded Bitcoin or other crypto-currencies, you probably know that their taxation may be as uncertain as your potential for reward or loss. Since 2014, the Internal Revenue Service (IRS) has publicized how it believes these investments should be treated for US federal income tax purposes. If you have failed to report your...
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New Chief Judge of US Tax Court
By Kevin Spencer and McDermott Will & Emery on Feb 27, 2018
Posted In Trial Courts, Uncategorized
On February 26, 2018, the US Tax Court announced that Judge Maurice B. Foley has been elected Chief Judge to serve a two-year term beginning June 1, 2018. Judge Foley will replace Chief Judge Paige Marvel. Judge Foley was appointed to the US Tax Court by President Clinton on April 9, 1995. He was reappointed...
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IRS Releases Second Quarter Update to 2017-2018 Priority Guidance Plan
By Kevin Spencer and McDermott Will & Emery on Feb 9, 2018
Posted In IRS Guidance, Uncategorized
On February 7, 2018, the Department of the Treasury (Treasury) released its second quarter update to the 2017-2018 Priority Guidance Plan to identify tax issues it believes should be addressed through regulations, revenue rulings, revenue procedures, notices and other published administrative guidance. The Priority Guidance Plan contains projects the Treasury hopes to complete during the...
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