IRS Insights: May 2006 - Amerika Birleşik Devletleri

May 2006

 

Welcome to the bimonthly publication IRS Insights, produced by Deloitte's Tax Controversy Services Group to keep our clients abreast of current issues related to the Internal Revenue Service.

In this month's issue:

·        Questionnaire and Informal Meeting Do Not Constitute an “Examination” Under §7605(b) – In Chief Counsel Advice 200612015 (February 17, 2006), the IRS concludes that asking a taxpayer to respond to a questionnaire and meet informally with the IRS does not constitute an examination for second examination purposes under Section 7605(b).

·        Appeals Court Holds Taxpayer Remittance with Extension Is A Payment, Not A Deposit – In Deaton v. Commissioner, 5th Circuit, No. 05-60278 (February 9, 2006), the Fifth Circuit held that the taxpayers’ remittance that accompanied a Form 4868 was a payment of tax, not a deposit and therefore could not be refunded as an overpayment or credited against the taxpayers’ future tax liability because the payment fell outside of the three and a half-year look-back period under Section 6511(b)(2)(A).

·        Tax Controversy Update: Appeals Court Holds that Tax Court Decision Does Not Bar IRS from Assessing Deficiencies – In Smurfit v. United States, 8th Circuit, No. 05-2466 (March 6, 2006), the Eighth Circuit reversed the decision of the District Court and held that the doctrine of res judicata did not preclude the IRS from assessing deficiencies arising from miscalculated net operating losses and foreign tax credits that the taxpayer carried back to an earlier year for which there was a final Tax Court decision.

·        Recent Guidance

See attached file for details.

Attachments

Newsletter: IRS Insights - May 2006 (85 KB)

Questionnaire and Informal Meeting Do Not Constitute an “Examination” Under §7605(b)