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IRS: Review of 1 million ERC claims reveals most show signs of risk

The IRS says that at least 10% of employee retention credit claims will be denied in the coming weeks and that at least 60% of claims show an “unacceptable” level of risk. The IRS will leave in place its moratorium on processing a majority of recent claims.

9 months into ERC claim processing moratorium, still a waiting game

New employee retention credit (ERC) claims continue to be filed, and the IRS still has a backlog of claims from before a processing moratorium was announced in September. National Taxpayer Advocate Erin Collins says “soon” is the answer to when the moratorium will end. Meanwhile, some business owners sit and wait.

Petition timely filed as regulations held invalid

Regulations governing the time for filing a Tax Court petition during a federally declared disaster are invalid, and the taxpayers met Sec. 7508A(d)’s mandatory postponement provision, the court holds.

Third Circuit rejects IRS’s mootness claims

The IRS’s setoffs of estimated payments against the taxpayer’s deficiencies were invalid, the court finds, making the taxpayer’s lawsuit a live case or controversy.

IRS warns about more tax scams

The IRS said scams involving the fuel tax credit, the sick and family leave credit, and household employment taxes led thousands of taxpayers to file inflated refund claims.

Regulations finalize PTIN fees for tax return preparers

The IRS was required to reduce the charge for preparer tax identification numbers after a federal court found the previous amount excessive. The final regulations adopt the text of interim final and proposed regulations issued in 2023 without change.

Amendment to Sec. 6501 not retroactive

Because his tax year preceded the effective date of a special limitation period that was not retroactive, a taxpayer could be assessed excise taxes on $25 million in excessive IRA contributions, the Tax Court held.