CCA 200916026: Frivolous 1099-OID return still could be processed

Number
200916026
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
General Requirement of Return, Statement, or List
Code sections
§ 6011
Ruling dated
November 21, 2008
Publicly released
April 17, 2009

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This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2009, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2009
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel considered a tax return using a variation of the frivolous “strawman” scheme. The taxpayer replaced a Form 1099-MISC with a Form 1099-OID that reversed the payer and recipient, then reported the same amount as both original issue discount and federal tax withheld. Despite the false forms and frivolous position, the return contained enough information to calculate the taxpayer's liability. Counsel therefore advised that the IRS could process it.

Ruling snapshot

  • Question: Could the IRS process a Form 1040 accompanied by false Forms 1099-OID and 1096 from a strawman scheme?
  • Outcome: Advice given: process the return because it reports enough data to calculate the liability, even though it is frivolous.
  • Key authorities: IRC § 6011.

Full text (IRS public release)

ID: CCA_2008112109494957 Number: 200916026
Release Date: 4/17/2009
Office: --------------
UILC: 6011.00-00

From: ------------------------
Sent: Friday, November 21, 2008 9:49:50 AM
To: -------------------
Cc:
Subject: Form 1040 with false 1099-OID/1096 attached

-------

You sought the advice of the National Office on a question submitted to you from a revenue agent who received a Form 1040 tax return for processing that contains a Form 1099-OID and Form 1096 that follows a new variation on a "strawman" scheme recently addressed by the Service in a problem alert. The scheme directs participants to substitute any 1099-MISC received with a 1099-OID that lists the original payer as the recipient and lists the taxpayer as the payer. The amount received is reported both as OID and federal income tax withheld on the 1099-OID. The 1099-OID and a 1096 supporting the 1099-OID is then included with the tax return.

It is our position that this return can be processed. Although it is frivolous as is a return listing all zeros, the 1099-OID return reports sufficient data to calculate the taxpayer's tax liability. -------------------------------
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Please let me know if there are any further matters to discuss with this case.

Sincerely,
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