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.
Tax Court Considering Allowing Remote Testimony
By Kevin Spencer and McDermott Will & Emery on Oct 31, 2017
Posted In Court Procedure Matters, Trial Courts, Uncategorized
We have previously reported on the various forums in which taxpayers can litigate tax cases, noting that the vast majority of tax cases are litigated in the US Tax Court (Tax Court). The Tax Court is the preferred forum for several reasons, including that the judges are all tax specialists, and taxpayers can litigate their...
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IRS Criminal Investigation Division Expects Official “Stand Up” of National Coordinated Investigation Units in January
By Kevin Spencer and McDermott Will & Emery on Oct 30, 2017
Posted In IRS Guidance, Uncategorized
In early August 2017 (as we previously reported), the Chief of the Internal Revenue Service’s (IRS) Criminal Investigation Division (CID), John D. Fort, announced that CID would be forming new National Coordinated Investigation Units over the next few months. In a recent conference, Fort has confirmed that these units will be fully operational in January,...
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IRS and Taxpayers Continue to Battle over the IRC Section 199 Deduction for Computer Software
By Kevin Spencer and Robin L. Greenhouse on Oct 27, 2017
Posted In IRS Guidance, Uncategorized
On October 20, 2017, the Internal Revenue Service (IRS) published Office of Chief Counsel Internal Revenue Service Memorandum 20174201F (FSA), legal advice written by a field attorney in the Office of Chief Counsel that was reviewed by an associate office, which deals with a merchant bank’s claim that its revenue from merchant discount fees qualifies...
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IRS Releases 2017-2018 Priority Guidance Plan
By Kevin Spencer and McDermott Will & Emery on Oct 26, 2017
Posted In IRS Guidance, Uncategorized
The US Department of Treasury (Treasury) and Internal Revenue Service (IRS) issue Priority Guidance Plans each year to identify the tax issues they believe should be addressed through regulations, revenue rulings, revenue procedures, notice and other published administrative guidance. On October 20, 2017, the IRS and Treasury released the 2017-2018 Priority Guidance Plan. Part 1...
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Refined Coal Tax Credit Case Filed
By Kevin Spencer, Philip Tingle and Roger J. Jones on Oct 24, 2017
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
On September 14, 2017, Cross Refined Coal LLC (Partnership) (and USA Refined Coal LLC as the Tax Matters Partner) filed a Petition in the US Tax Court seeking a redetermination of partnership adjustments determined by the Internal Revenue Service (IRS). According to the Petition, during audit of the 2011 and 2012 tax years, the IRS...
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Tax Court: Prior Closing Agreement May Have Relevance in Coca-Cola’s Transfer Pricing Case
By Kristina Novak and Kevin Spencer on Oct 20, 2017
Posted In Court Procedure Matters, IRS Guidance, Transfer Pricing Resource, Uncategorized
Coca-Cola is seeking a re-determination in Tax Court of certain Internal Revenue Service (IRS) transfer-pricing adjustments relating to its 2007–2009 tax years. In the case, the IRS moved for partial summary judgment seeking a ruling that a 1996 Internal Revenue Code Section 7121 “closing agreement” executed by the parties is not relevant to the case...
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Treasury to Withdraw Controversial Proposed Estate Tax Valuation Rules
By McDermott Will & Emery and Kevin Spencer on Oct 12, 2017
Posted In IRS Guidance, Uncategorized
On October 4, 2017, the US Department of the Treasury (Treasury) announced that it would withdraw more than 200 regulations, including the proposed regulations under Internal Revenue Code (Code) Section 2704. The announcement is part of President Trump’s initiative to lessen the regulatory burden on taxpayers due to excessive regulations. In a press statement, Treasury...
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IRS Expands Section 355 Ruling Practice
By John Robert, Kevin Spencer and Macdonald Norman on Oct 6, 2017
Posted In IRS Guidance, Uncategorized
On September 21, the Internal Revenue Service (IRS) released Revenue Procedure 2017-52 which introduces an 18 month pilot program expanding the scope of the IRS’s ruling practice with respect to distributions under Internal Revenue Code (Code) Section 355. Prior to Revenue Procedure 2017-52, the IRS had determined that it would not issue letter rulings on...
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IRS Valuation Expert for Michael Jackson Estate Case Almost Thrown Out!
By Kevin Spencer and McDermott Will & Emery on Oct 2, 2017
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
On September 29, 2017, Judge Mark Holmes of the United States Tax Court (Tax Court) issued an order in the estate tax valuation case brought by the Estate of Michael Jackson (the Estate). In the case, the Estate moved to strike the testimony of the Internal Revenue Service’s (IRS) valuation expert witness on the grounds...
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IRS Guidance Says IRS Can Disclose Confidential Taxpayer Information to Whistleblower with Impunity
By Kevin Spencer and Robin L. Greenhouse on Sep 20, 2017
Posted In IRS Guidance, Uncategorized
Every taxpayer should be aware of the real risk that its own employees could disclose the taxpayer’s confidential and privileged information to the Internal Revenue Service (IRS) for a whistleblower fee. Pursuant to Internal Revenue Code (Code) Section 7623, the IRS is permitted to pay a “whistleblower” who discloses information about a taxpayer who has...
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