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.
Understanding the IRC’s Excessive Refund Claim Penalty
By Kevin Spencer, Edward L. Froelich and Samuel J. Preston on May 8, 2024
Posted In Court Procedure Matters, IRS Audits, Tax Refunds, Trial Courts
Recently, the Internal Revenue Service (IRS) has been asserting the Internal Revenue Code Section 6676 penalty much more frequently in examinations and in court. For example, in 2023, a government counterclaim in the US District Court for the Middle District of Georgia sought to recover Section 6676 penalties in Townley v. United States. And, internal IRS guidance requires examiners to consider...
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Weekly IRS Roundup April 29 – May 3, 2024
By Kevin Spencer, Evan Walters and Jeremy Kass on May 7, 2024
Posted In IRS Guidance, Tax Reform
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 29, 2024 – May 3, 2024. April 29, 2024: The IRS released Internal Revenue Bulletin 2024-18, which includes the following: Notice 2024-33, which provides a limited waiver of the addition to tax under Section 6655...
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Weekly IRS Roundup April 22 – April 26, 2024
By Kevin Spencer, Evan Walters and Jeremy Kass on May 2, 2024
Posted In IRS Guidance, Tax Reform, Tax Refunds
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 22, 2024 – April 26, 2024. April 22, 2024: The IRS released Internal Revenue Bulletin 2024-17, which includes the following: Proposed regulations, which would facilitate the transfer of tax return information to the US Census...
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Protect Yourself: Action Steps Following the Largest-Ever IRS Data Breach
By Kevin Spencer and Joseph J. Viviano on Apr 24, 2024
Posted In IRS Guidance
On January 29, 2024, Charles E. Littlejohn was sentenced to five years in prison for committing one of the largest heists in the history of the federal government. Littlejohn did not steal gold or cash, but rather, confidential data held by the Internal Revenue Service (IRS) concerning the United States’ wealthiest individuals and families. Last...
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Weekly IRS Roundup April 15 – April 19, 2024
By Kevin Spencer, Evan Walters and Jeremy Kass on Apr 22, 2024
Posted In IRS Guidance, Tax Reform, Tax Refunds
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 15, 2024 – April 19, 2024. April 15, 2024: The IRS released Internal Revenue Bulletin 2024-16, which includes the following: Announcement 2024-16, which describes the experience, structure and activities of the Advance Pricing and Mutual...
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Weekly IRS Roundup April 8 – April 12, 2024
By Kevin Spencer, Evan Walters and Jeremy Kass on Apr 15, 2024
Posted In IRS Guidance, Tax Reform, Tax Refunds
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 8, 2024 – April 12, 2024. April 8, 2024: The IRS released Internal Revenue Bulletin 2024-15, which includes the following: Announcement 2024-15, which revokes the § 501(c)(3) determination for specified organizations and stipulates that contributions...
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Weekly IRS Roundup April 1 – April 5, 2024
By Kevin Spencer, Evan Walters and Jeremy Kass on Apr 11, 2024
Posted In IRS Guidance, Tax Reform, Tax Refunds
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 1, 2024 – April 5, 2024. April 1, 2024: The IRS released Internal Revenue Bulletin 2024-14, which includes the following: Notice 2024-29, which provides updates on the corporate bond monthly yield curve, the corresponding spot...
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Weekly IRS Roundup March 25 – March 29, 2024
By Kevin Spencer, Evan Walters and Jeremy Kass on Apr 2, 2024
Posted In IRS Guidance, Tax Reform, Tax Refunds
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 25, 2024 – March 29, 2024. March 25, 2024: The IRS released Internal Revenue Bulletin 2024-13, which includes the following: Notice 2024-28, which invites the public to submit items they want included in the 2024-2025...
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Weekly IRS Roundup March 18 – March 22, 2024
By Kevin Spencer, Evan Walters and Jeremy Kass on Mar 28, 2024
Posted In IRS Guidance, Tax Reform, Tax Refunds
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 18, 2024 – March 22, 2024. March 18, 2024: The IRS released Internal Revenue Bulletin 2024-12, which includes the following: Notice 2024-26, which announces that withholding agents (both US and foreign persons) are administratively exempt...
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Can the IRS Assert IRC Section 6676’s Erroneous Refund Penalty on Protective Refund Claims?
By Kevin Spencer, Edward L. Froelich and Samuel J. Preston on Mar 25, 2024
Posted In IRS Audits, IRS Guidance, Tax Refunds
We once again want to bring to your attention the Internal Revenue Service’s (IRS) new favorite penalty provision: Internal Revenue Code (IRC) Section 6676. We have reported on this provision several times before (See here, here and here), but this time we’re analyzing it in the context of protective refund claims. As background, IRC Section...
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