IRS Chief Counsel Advises Its Attorneys to Concede Rand Issue


Andrew Roberson, who successfully tried pro bono the Rand v. Commissioner Tax Court case involving penalties on disallowed refundable credits, assessed the IRS Chief Counsel’s new notice telling IRS attorneys to concede these penalties due to the court’s decision. “I am pleased to see that the Service is accepting and will follow the Tax Court’s opinion in Rand, and has accepted that its reasoning applies equally to all refundable credits and to penalties under both section 6662 and section 6663,” Mr. Roberson noted. But, he continued, “The Chief Counsel Notice leaves open the possibility that the Service may change its mind in the future.” Read the full article