Jeremy Temkin 'Farhy v. Commissioner': D.C. Circuit Reverses Win for Taxpayers
This article reviews the two decisions in 'Farhy v. Commissioner' and discusses the implications for determining the assessability of penalties going forward.
May 15, 2024 at 10:05 AM
8 minute read
The Internal Revenue Code contains over 100 provisions penalizing taxpayers for various acts of noncompliance. Certain penalties are expressly subject to "assessment" by the Internal Revenue Service (IRS) and therefore governed by administrative collection procedures, including the imposition of liens and levies. By contrast, other penalties can only be collected through a civil action in federal district court. Given the burden on the government in bringing such actions, penalties that are not assessable are far less likely to be pursued.
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