Supreme Court to decide IRS Audit Time Limits

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  • taxea
    replied
    I am not so concerned with the details of this particular case as I am as to whether the SC rules that the IRS is subject to the three year tax rule or whether the SC allows them to continue to expand the 3 years to 6years or even 10 as they have been doing.

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  • Snaggletooth
    replied
    Corporate Bonanza

    Many corporations and small businesses have not had profits for three years in this recession. If they prevail, will this give IRS the license to go back and plunder into more profits instead of wasting time in recent losses?

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  • veritas
    replied
    Words mean something

    Originally posted by taxea
    This is something we all need to keep an eye on:

    http://www.forbes.com/sites/robertwo...ar-audit-push/
    Excerpt from Home Concrete & Supply v. U.S.

    "Lawyers of course are adept at finding ambiguity, and language
    of course is by its nature imprecise. One need not consult
    a dictionary, however, to understand that the plain
    meaning of "omit" is "to leave out" or "to fail to mention."
    The taxpayers here did not omit, leave out, or fail to mention
    their transaction. Instead, they provided the details on their
    returns. See Majority Op. at 4. To be sure, the IRS asserts that
    the returns overstated Home Concrete’s basis and thus understated
    the overall tax liability resulting from the sale of its
    assets. But as the Court noted in Colony, if Congress had been
    concerned with that problem, "it could have chosen another
    verb such as ‘reduces’ or ‘understates,’ either of which would
    have pointed significantly in the Commissioner’s direction."
    Colony, 357 U.S. at 32."

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  • taxea
    started a topic Supreme Court to decide IRS Audit Time Limits

    Supreme Court to decide IRS Audit Time Limits

    This is something we all need to keep an eye on:

    When I recently observed that the IRS six year audit push may reach Supreme Court, I didn't think it would be so soon. The Supreme Court agreed to decide if the IRS can go back six years into your tax past or only three.
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