IRS Does Not Have to Prove It Did Not Send Prior Formal Communication of Penalties Before Supervisory Approval Was Given

The Tax Court issued its third decision in two days dealing primarily with penalties, and the second published case on the matter, in the case of Frost v. Commissioner, 154 TC No. 2.[1]

The case generally is a rather standard case where the taxpayer fails to have records to back up deductions claimed on his Schedule C, as well as failing to show he had basis in the partnership in which he had claimed losses.

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