Monday, August 25, 2014

OVDP Hotline and than the interpretations from the IRS agent.

After 5+ years nothing has changed - if anything it has become more confusing and unpredictable. The IRS seems to be making up the OVDP rules as it goes along and does not follow its own guidelines ( eg 4.16 of the IRM) and the opt-out results are highly subjective (some would say arbitrary). How can there be any trust/predictability or comfort in opting out?
The agent and technical advisor told me that I could not rely on the Hotline - what counted was their interpretation of the FAQs .  The final interpretation was up to the IRS agent. He also indicated the IRS has no plans to update any FAQ for streamlined.   In this regard, Streamlined Transition FAQ 8, does provide some role for a central committee in those cases designated for central committee review.  There is no indication which cases will be designated.  Since the examiner and examiner's manager must concur, perhaps there would be a review if they do not.  Or, if the technical adviser did not agree, although I was told that the technical adviser pretty much relies upon the examiner and the manager.
If the taxpayer goes straight into Streamlined without ever going into OVDP, the IRS in most cases will know nothing except what the taxpayer tells them in the certification, the amended or delinquent returns, and the amended or delinquent FBARs. The chances of the IRS attempting to deny the certification is less likely, unless there are indications in those filings that something is amiss and should be audited. During the audit, the taxpayer can still prevail if that happens.
http://www.irs.gov/pub//foia/ig/spder/WI-21-0814-1244_Redacted%5B1%5D.pdf

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