Wednesday, February 10, 2016

One Examination per Tax Year Rule Did Not Apply


Experienced Tax Accountant  The IRS issued an administrative summons to Titan, a manufacturing company, to inspect its 2009 books for an audit of its 2010 tax return. Titan refused to
comply, arguing that because the IRS had previously audited TitanÆs 2009 tax return and hadnÆt issued a notice, the Section 7605(b) rule prohibited the IRS from obtaining the 2009 documents a second time. [Under IRC Sec. 7605(b), only one inspection of a taxpayerÆs books and records can be made for each tax year unless the Treasury Secretary notifies the taxpayer that an additional inspection is necessary.] The Seventh Circuit affirmed the district courtÆs decision ordering Titan to comply with the summons, concluding that the one examination per tax year rule doesnÆt apply if the second exam is for a different tax year.
If you've received an audit notice from the IRS, for no obligation free consultation contact us today!

Amare Berhie, Senior Tax Accountant

(651) 300-4777, (612)424-1540, (651) 621-5777

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