CCA 201313029: IRS supports abating tax tied to a return preparer's theft

Number
201313029
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Abatements
Code sections
§ 6404, § 6110
Ruling dated
May 4, 2012
Publicly released
March 29, 2013

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This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2013, 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 2013
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

An IRS attorney addressed a case in which a return preparer filed a return showing less tax than the return shown to the taxpayer, obtained a refund, and kept part of the refund. After an audit, the IRS assessed the taxpayer for the remaining tax. The attorney said the situation was similar to another case involving a taxpayer defrauded by a return preparer. The attorney concluded that it was appropriate to abate the portion of the assessment attributable to the preparer's theft.

Ruling snapshot

  • Question: May the IRS abate the part of a taxpayer's assessment attributable to a return preparer's theft of refund funds?
  • Outcome: Advice given supporting abatement on the stated facts.
  • Key authorities: IRC § 6404

Full text (IRS public release)

ID: CCA-541224-12 Number: 201313029
Release Date: 3/29/2013
Office:
UILC: 6404.00-00

From: -------------------
Sent: Friday, May 04, 2012 12:24 PM
To: ----------------------
Cc: -----------------
Subject: RE: 12-17-08 Office of Chief Counsel IRS MEMO

I am writing to memorialize a phone conversation we had a moment ago. Recently, during the course of an audit, you discovered that a certain TP had more taxes due than was shown on his return filed with the IRS. Upon investigation, you discovered that the TP's return preparer had shown the TP one return detailing the correct amount of tax due, but then filed another return with the IRS showing less tax due and entitling the TP to a refund. This refund went to an account owned or controlled by the return preparer. The return preparer only paid approximately half this amount to the taxpayer. Following the audit, the IRS assessed the TP the remaining tax. In a prior e-mail you asked me if this situation was similar to that discussed in ----------------------------where a similarly situated TP was defrauded by his return preparer. As we discussed, the cases are similar and your instinct to abate the portion of the assessment against the TP that is attributable to the return preparer's theft of these funds is appropriate. -----------------
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------------------------------- Thank you

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