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The Codified Economic Substance Doctrine and Related Penalties

The IRS issued a directive providing details on a multistep process that examiners must follow before the ultimate application of the economic substance doctrine in an examination. It also provides guidance on related penalties that might be imposed upon the application of the doctrine.

Offers in Compromise and the Consideration of Dissipated Assets

This item reviews the qualification requirements for an offer in compromise, a form of administrative relief offered to financially distressed taxpayers with outstanding tax liabilities who are unable to satisfy their obligations to the government.

Conflicts of Interest: IRS Rules Differ from AICPA Professional Standards

Circular 230 forbids federal tax practitioners from having conflicts of interest, defined as representation of one client that is directly adverse to that of another client, or representing a client in circumstances creating a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client, or a third person or by a personal interest of the practitioner.

Patent Reform Act Stops New Tax Strategy Patents

On September 16, President Barack Obama signed into law the Leahy-Smith America Invents Act, which reforms the U.S. patent system and stops the granting of patents for tax strategies.

Accounting Software Examination Guidance Issued, IRS Meets with AICPA

The IRS Small Business/Self-Employed Division has issued guidance for its field examiners on when to request backup files of taxpayers’ accounting software during an examination, what the limits are on reviewing those electronic files, and how examiners must safeguard those records.

PTIN System Opens for 2012 Renewals

The IRS on October 20 announced that it has opened its preparer tax identification number (PTIN) registration system to accept renewals for the 2012 filing season

IRS Proposes Stiffer Preparer Requirements for EITCs

The IRS issued proposed regulations that would impose new requirements for tax return preparers and their firms for returns claiming the earned income tax credit (EITC), including submission of information regarding taxpayers’ eligibility to the IRS.

INDIVIDUALS

Current Developments in Taxation of Individuals: Part 1

This update surveys recent federal tax developments involving individuals, including court cases, rulings, and guidance issued during the six months ending October 2025.