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.
ABA Section of Taxation Response to Recent Changes to IRS Appeals
By Kevin Spencer and McDermott Will & Emery on May 10, 2017
Posted In IRS Appeals, Uncategorized
We have covered on several occasions the changes in the past year to the IRS Appeals process. See here, here, here, here and here. The reactions from taxpayers and practitioners to the recent changes has, for the most part, been negative. On May 9, 2017, the American Bar Association Section of Taxation provided comments to the...
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The IRS’s Assault on Section 199 (Computer Software) Doesn’t Compute
By Jean A. Pawlow, Kevin Spencer and Robin L. Greenhouse on Apr 24, 2017
Posted In Court Procedure Matters, IRS Appeals, IRS Audits, IRS Guidance, Trial Courts, Uncategorized
Internal Revenue Code Section 199 permits taxpayers to claim a 9 percent deduction related to the costs to develop software within the U.S. The relevant regulations and their interpretation, however, place substantial restrictions on claiming the benefit. Moreover, the regulations and the government’s position haven’t kept up with the technological advances in computer software. Before claiming...
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Fast Track Settlement Now For SB/SE Taxpayers
By Kevin Spencer and McDermott Will & Emery on Mar 20, 2017
Posted In Alternative Dispute Resolution, IRS Appeals, IRS Audits, IRS Guidance, Settlements, Uncategorized
Today, the Internal Revenue Service (IRS) released Revenue Procedure 2017-25 extending the Fast Track Settlement (FTS) program to Small Business / Self Employed (SB/SE) taxpayers. The IRS’s SB/SE group serves individuals filing Form 1040 (US Individual Income Tax Return), Schedules C, E, F or Form 2106 (Employee Business Expenses), and businesses with assets under $10...
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Understanding LB&I “Campaigns”
By Kevin Spencer and Robin L. Greenhouse on Mar 8, 2017
Posted In IRS Audits, IRS Guidance, Uncategorized
On March 3, 2017, KPMG and the Internal Revenue Service (IRS) held a joint webcast presentation regarding the Large Business & International’s (LB&I) new “Campaign” examination process. The IRS speakers for the presentation were Tina Meaux (Assistant Deputy Commissioner Compliance Integration) and Kathy Robbins, Director (Enterprise Activities Practice Area). On February 1, 2017, we blogged...
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Giving Back – Providing Pro Bono Tax Assistance
By Kevin Spencer, McDermott Will & Emery and McDermott Will & Emery on Feb 23, 2017
Posted In Trial Courts, Uncategorized
Here at McDermott, we value giving back to the community through pro bono efforts. In particular, we provide substantial assistance in pro bono tax cases to low-income individuals through our relationships with low-income taxpayer clinics throughout the country. Over the years, we have settled dozens of cases for low-income taxpayers in docketed tax cases and...
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Should Taxpayers File Amicus Briefs in Tax Court Cases?
By Kevin Spencer and McDermott Will & Emery on Feb 15, 2017
Posted In Appellate Courts, Court Procedure Matters, Trial Courts, Uncategorized
Amicus–or “friend of the court”–briefs are not uncommon in Supreme Court and appellate court cases. The purpose of an amicus brief is generally to provide assistance to the court by presenting additional arguments either in support or opposition of one of the litigant’s positions. Amicus briefs should not rehash the same arguments presented by one...
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Busy Start to Trump Administration Bodes Major Changes Are on the Way
By Kevin Spencer and McDermott Will & Emery on Feb 14, 2017
Posted In IRS Guidance, Tax Reform, Uncategorized
In the first few weeks of the Trump administration, we have seen several indications that tax lawyers are going to be busy keeping up with the shifting sands of tax reform. We learned from an Executive Order released on January 30, 2017 that for every new regulation that will be issued, two regulations must be...
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Change in Leadership at DOJ Tax Division
By Kevin Spencer and McDermott Will & Emery on Feb 3, 2017
Posted In Appellate Courts, Court Procedure Matters, Trial Courts, Uncategorized
The Department of Justice (DOJ) Tax Division is responsible for litigating tax refund claims brought in Federal district courts and the Court of Federal Claims and handling appeals from decisions of the United States Tax Court (the Chief Counsel’s office is responsible for Tax Court litigation). Effective January 23, 2017, David A. Hubbert became the...
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IRS Issues IPU on Summons of Foreign Owned US Businesses
By Bradford E. LaBonte and Kevin Spencer on Feb 2, 2017
Posted In Court Procedure Matters, IRS Appeals, IRS Audits, Transfer Pricing Resource, Trial Courts, Uncategorized
On January 30, 2017, the Internal Revenue Service (IRS) released an International Practice Unit (IPU) on the use of a summons under IRC Section 6038A (IRC Section 6038A Summons) when a US corporation is 25-percent owned by a foreign shareholder. See IPU here. The IPU describes the steps that the IRS should take when issuing...
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Run for Cover—IRS Unveils Initial “Campaigns” for LB&I Audits
By Kevin Spencer, Robin L. Greenhouse, McDermott Will & Emery and McDermott Will & Emery on Feb 1, 2017
Posted In IRS Audits, IRS Guidance, Uncategorized
They’re here! On January 31, 2017, the Internal Revenue Service (IRS) Large Business & International (LB&I) division released its much-anticipated announcement related to the identification and selection of campaigns. The initial list identifies 13 compliance issues that LB&I is focused on and lists the specific practice area involved and the lead executive for each campaign. ...
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