IRS Escapes Attys' Fee Award Despite Bogus $124M Notice

Law360, New York (December 9, 2013, 6:09 PM EST) -- Despite issuing a wildly inflated tax deficiency notice of about $124 million, the Internal Revenue Service is not responsible for paying a couple's attorneys' fees and audit defense costs, a U.S. Tax Court judge said Monday.

In requiring William and Elizabeth Foote to pickup their own auditing and defense tab, Judge Robert Wherry found the couple hadn't complied with procedural rules that would have forced the IRS to pay, even considering strong evidence of IRS misconduct during the audit.

“[The IRS' questionable] actions, while significantly contributing...
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