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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