IRS tightens abusive tax shelter settlement terms

Catalyst (Dublin, Ohio), Nov-Dec, 2004

Tightened guidelines may make it more difficult for taxpayers involved in abusive transactions to settle with the IRS.

In September, the IRS Appeals Division and the Large and Mid-Size Business Division began sending letters to taxpayers involved in three abusive transactions, advising them that the settlement terms available to resolve these transactions have changed. Certain taxpayers who reported losses and deductions from lease strips, inflated-basis assets derived from lease strips, and in intermediary transactions are being notified that the Appeals position has tightened.

Under the new guidelines, the IRS will not settle unless taxpayers concede 100 percent of the claimed losses or deductions, reduced by only the amount of transaction costs up to 10 percent of the claimed losses or deductions. Furthermore, taxpayers must concede 50 percent of the accuracy-related penalty at issue. If both the 40 percent gross valuation misstatement penalty and the 20 percent substantial understatement penalty were asserted, then the settlement will apply to the gross valuation misstatement penalty.

To settle these cases, taxpayers must enter into a closing agreement with the IRS.

For more information, go to www.irs.gov.