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 Announces 2018 Judicial Conference in Chicago on March 26-28, 2018
By Kevin Spencer and McDermott Will & Emery on Sep 19, 2017
Posted In Trial Courts, Uncategorized
On Friday, September 15, the Tax Court announced that it will be holding its 2018 Judicial Conference in Chicago, Illinois, on the campus of Northwestern University’s Pritzker School of Law on March 26-28, 2018. The press release provides: The 2018 Tax Court Judicial Conference will be held in Chicago, Illinois, on the campus of Northwestern...
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IRS Extends Permanent Invitation to Exam to Attend Appeals Conferences
By Jean A. Pawlow and Kevin Spencer on Sep 8, 2017
Posted In IRS Appeals, IRS Guidance, Uncategorized
On May 1, 2017, the IRS issued FAQs concerning its recent practice of inviting IRS Examination Agents (Exam) into the Appeals discussion. The FAQs make clear that Exam will now be routinely invited to Appeals conferences. The release premises this procedural shift on perceived efficiencies of having Exam stay during the taxpayer’s rebuttal presentation. The...
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Tax Court Reinforces Plain Meaning Approach in Interpreting Tax Statutes
By Kevin Spencer and McDermott Will & Emery on Sep 1, 2017
Posted In Tax Refunds, Trial Courts, Uncategorized
The Internal Revenue Service (IRS) and taxpayers frequently spar over the meaning and interpretation of tax statutes (and regulations). In some situations, one side will argue that the statutory text is clear while the other argues that it is not and that other evidence of Congress’ intent must be examined. Courts are often tasked with...
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IRS Criminal Investigation Division Announces Two New Initiatives
By Kevin Spencer and McDermott Will & Emery on Aug 25, 2017
Posted In IRS Guidance, Uncategorized
In a press call on August 2, 2017, the Chief of the Internal Revenue Service’s (IRS) Criminal Investigation Division (CID), John D. Fort, announced two new enforcement initiatives: a National Coordinated Investigations Unit and an International Tax Enforcement Group. The National Coordinated Investigations Unit is intended to be, in Fort’s words, a “cutting edge” group...
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Record Numbers Are Giving Up US Citizenship
By McDermott Will & Emery and Kevin Spencer on Aug 8, 2017
Posted In Uncategorized
The US government has reported that more than 1,750 people gave up US citizenship in the second quarter of 2017. Tax practitioners speculate that the increase in expatriations is likely due to ever-increasing tax and financial reporting and compliance requirements. For example, the 2010 Foreign Account Tax Compliance Act requires overseas banks to disclose financial information...
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President Trump Nominates Copeland and Urda to US Tax Court
By Jeffrey M. Glassman, Kevin Spencer and McDermott Will & Emery on Aug 7, 2017
Posted In Court Procedure Matters, Trial Courts, Uncategorized
On August 3, 2017, President Donald Trump nominated two judges to the US Tax Court. The nominations were received in the US Senate (Senate) and referred to the Committee on Finance. One of the nominees, Elizabeth Copeland, was previously nominated by President Barack Obama. Her previous nomination expired with the conclusion of the 114th Congress...
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IRS Rules (Again) That Taxpayers Are Not Entitled to Claimed Refined Coal Credits
By Kevin Spencer and Roger J. Jones on Jul 27, 2017
Posted In IRS Audits, IRS Guidance, Tax Refunds, Uncategorized
In a highly-anticipated Technical Advice Memorandum (TAM) dated March 23, 2017 and released on July 21, 2017, the Internal Revenue Service (IRS) ruled that two taxpayers who had invested in a Limited Liability Company that owned and operated a refined coal facility (the LLC) were not entitled to refined coal production credits they had claimed...
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Virtual IRS Appeals – A New Frontier?
By Kevin Spencer and Macdonald Norman on Jul 26, 2017
Posted In Alternative Dispute Resolution, IRS Appeals, Settlements, Uncategorized
The Internal Revenue Service Office of Appeals (IRS Appeals) recently announced that it will offer a new virtual “face-to-face” option in the form of web-based communication to taxpayers and representatives to resolve tax disputes. IRS Office of Appeals Pilots Virtual Service, IRS (July 24, 2017. This announcement comes on the heels of other changes at...
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BEWARE: Whistleblowers Can “Out” You to the IRS!
By Kevin Spencer and Robin L. Greenhouse on Jul 24, 2017
Posted In IRS Guidance, Privilege and Non-Disclosure, Settlements, Uncategorized
Not only should companies worry about the Internal Revenue Service (IRS) auditing their returns, but they also have to be aware of a potential assault from within. Indeed, current and former employees have an incentive to air all of your tax issues with the hope of being rewarded for the information. Section 7623(b) was added...
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New IRS CbC Resource
By Kevin Spencer and McDermott Will & Emery on Jul 17, 2017
Posted In IRS Audits, IRS Guidance, Transfer Pricing Resource, Uncategorized
We have reported several times about the new Country-by-Country (CBC) reporting regime. Taxpayers and the tax bar have been desperate for clarity about the requirements for CbC reporting. In response, today the Internal Revenue Service (IRS) announced the launch of its CbC resource on its www.IRS.gov website. The new information is designed to provide background...
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