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Sansa and Ramsay (husband and wife) timely filed a joint return for 2008. During 2008, Ramsay terminated his employment with Bolt King, Inc. for which he had worked for fifteen years and started up a speaking business. Upon leaving, Ramsay received a distribution from the corporation’s retirement plan in the amount of $200,000. This distribution went into Ramsay’s personal account. Although Sansa knew that Ramsay had received a distribution from the retirement plan, Ramsay never told her the exact amount. Ramsay used $125,000 of this amount to pay off the mortgage on their home which was held in joint names.
On their joint return for 2008, Ramsay included the entire distribution in income and reported the 10% penalty. However, despite telling Sansa he was going to pay the $75,000 balance due on the tax return from the retirement fund distribution, Ramsay used the remaining $75,000 of the retirement plan distribution in his business and to support his involvement with his bevvy of paramours. All subsequent balance due notices from the IRS were intercepted by Ramsay, so Sansa did not know there was a tax problem.
Ramsay and Sansa’s marriage ended after Ramsay’s relationship became known. The divorce was granted in November 2009. Sansa was awarded title to the family home and Ramsay got the business. The decree stated that Ramsay was solely responsible for all tax liabilities for all years prior to 2009.
In December 2009, the IRS sent Ramsay and Sansa notices of the $85,000 balance due ($75,000 tax and $10,000 penalties and interest) for 2008 and offered them a collection due process hearing by issuing a collection due process notice. This was the first time Sansa learned of the outstanding tax. During your Exam Period (i.e., the day you read this), she comes to you for help.
Thoroughly assess Sansa’s options, including details about what, if anything, she will need to demonstrate. DO NOT DISCUSS ANY PROCEDURAL OR SUBSTANTIVE ISSUES WITH RESPECT TO COLLECTION DUE PROCESS.
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A. The following questions raise hypothetical situations dealing with the 2005 income tax return of Cersei and Robert Baratheon. Unless the question otherwise requests, give the latest date on which the Internal Revenue Service may validly assess the tax and/or penalties of Cersei and Robert.
i) The Baratheon’s 2005 tax return Form 1040 was mailed to the IRS on March 7, 2006 and received on March 10, 2006.
ii) The Baratheon’s 2005 tax return Form 1040 was mailed to the IRS on April 17, 2006 (using a private meter and Post Office box at Robert’s employer) and received by the IRS on April 21, 2006.
iii) Never filed.
iv) The Baratheons inserted the words “Denial and Disclaimer attached as part of this form” below the jurat and above their signatures on the Form 1040, and attached a statement entitled “Denial and Disclaimer” in which taxpayers denied liability for income tax. Otherwise the return was complete and correct and the tax shown was paid when the return was filed on April 15, 2006.
B. For the following problems, assume the return was timely filed on April 15, 2006
i) A Form 872 was executed and mailed on April 14, 2009 extending the statute of limitations to December 31, 2009.
ii) A Form 872 was executed and mailed on April 15, 2009 extending the statute of limitations to December 31, 2009.
iii) A Form 872 was executed and mailed on April 16, 2009 extending the statute of limitations to December 31, 2009.
iv) A Form 872 was executed and mailed on March 31, 2009 and a Form 872-T was sent to the IRS on October 25, 2009 and received by the IRS on October 31, 2009.
v) The IRS mailed a notice of deficiency in tax of $5,000 on April 15, 2009. The Baratheons petition the Tax Court July 18, 2009.
vi) The Baratheons petition the Tax Court June 22, 2009, an opinion is handed down April 1, 2010, and a decision of the court is entered on May 12, 2010.
vii) The IRS mailed a notice of deficiency in tax of $5,000 on April 15, 2009. The Baratheons ignore the Notice.
Donald and Marla Drumpf filed a joint 2013 federal income tax return claiming the Earned Income Tax Credit (“EITC”) ($3,000), the American Opportunity Tax Credit (“AOTC”) ($2,500), and the Retirement Savings Contribution Credit ($1,200). Before the credits, the Drumpf’s owed $1,400 in taxes. When they filed their taxes (timely), after applying the credits, they requested a refund based on the refundable tax credits. The IRS determined that they were ineligible for both the EITC and the AOTC, and asserted penalties.
1) What penalties will they likely face?
2) What are their defenses (both factual and procedural)?
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