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IRS Suspends Some Tax Shelter Penalties,
by Mike Godfrey, Tax-News.com, Washington
Monday, July 13, 2009
The US Internal Revenue Service (IRS) is suspending collection of certain penalties
to allow Congress time to work on legislation to help small businesses that invested in listed tax shelter transactions that generated modest tax benefits, but resulted in tax penalties significantly larger than the tax benefits received.
The agency’s unusual offer of clemency to certain businesses who find
themselves facing penalties way out of proportion to any tax benefits they may
have received from tax shelters comes after a bipartisan group of lawmakers
wrote to IRS Commissioner Doug Shulman last month requesting the agency’s
assistance while Congress legislates to solve the matter.
“I’m pleased the IRS complied with our request so that Congress
can do its part to ensure the tax code treats small businesses fairly,”
said Senate Finance Committee Chairman Max Baucus, who signed the letter along
with committee ranking member Chuck Grassley, House Ways and Means Oversight
Subcommittee Chairman John Lewis and subcommittee ranking member Charles Boustany.
"We are working – both sides of the aisle and the capitol –
to ensure assessed tax penalties fall in line with received tax benefits. Until
we reach that goal, we require cooperation from the IRS so that millions of
American small businesses don’t get another chip stacked against them
in the lagging economy,” Baucus added.
The penalties in question are assessed under section 6707A of the tax code
and were enacted by Congress in 2004 as part of the then administration’s
drive to neutralize abusive tax shelters. The penalties amount to USD100,000
for individuals and USD200,000 for other classes of taxpayer, per year. But
even Commissioner Shulman concedes that in some cases the penalties are “way
out of line” with those dished out for similar transgressions.
“I am concerned that because the current statute applies uniformly without
exceptions and without regard to the amount of tax in question, some taxpayers
are caught in a penalty regime that the legislation did not intend,” Shulman
wrote in his response to the Congressmens’ letter.
“I am dismayed by the feedback that I have received from some of the
most seasoned IRS examination professionals that this statutory provision, in
certain cases, requires them to assess penalties that are way out of line with
penalties for other similar cases of noncompliance,” Shulman reported.
To allow Congress time to fix this problem, the IRS has taken the step of suspending
collection enforcement action on cases where the annual tax benefit from the
transaction is less than USD100,000 for individuals or USD200,000 for other
taxpayers per year, until September 30, 2009.
Grassley, while welcoming Shulman’s response, is of the view that Congress
will probably need longer to fix the problem.
“It’s good to have the reprieve from the IRS, though the suspension
will probably need to be longer in order to get necessary changes through Congress,”
he said.
“The IRS should also do the right thing by studying why only small businesses
have been hit with the penalties since they’re less likely to have the
expensive lawyers that big corporations do. It’s a matter of tax fairness
for both the IRS and Congress,” Grassley added.
.
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