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Newly-Released IRS Data Book Shows Continued Downsizing of IRS and Taxpayer Audits

While hindsight is certainly 20/20, it has become harder to doubt that a short-staffed IRS has made handling the economic effects of this year’s pandemic all the more challenging. The U.S. government should perhaps consider an increased mobilization of staff to handle the complexities that will arise due to the various rule changes and concessions triggered by this year’s unprecedented events.

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IRS Victory In Easement Case Prompts An Offer To Not Be Refused

The decision that I think likely triggered this notice, which I suspect was prepared some time before, was Plateau Holdings LLC (TC Memo 2020-93). As with many of the decisions Judge Lauber approved of the IRS disallowing on a technical error involving the terms of the easement. But in order to assess the penalty valuation has to be considered and that gets to the heart of the matter.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.