IRS Roundup January 20 – 31, 2025

McDermott Will & Emery

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the weeks of January 20, 2025 – January 24, 2025, and January 27, 2025 – January 31, 2025.

TAX-CONTROVERSY-RELATED DEVELOPMENTS

January 22, 2025: The IRS reminded taxpayers that they have rights – outlined in the Taxpayer Bill of Rights – any time they interact with the IRS. These rights cover a wide range of topics and issues and lay out what taxpayers can expect when interacting with the IRS. Taxpayers should also know that the Taxpayer Advocate Service (TAS) is an independent organization within the IRS that helps taxpayers and protects their rights for free. TAS can help if assistance is needed to resolve an IRS problem, if a problem is causing financial difficulty, or if an IRS system or procedure isn’t working as it should.

January 24, 2025: Alarm Concepts Inc. filed a class action lawsuit against the IRS and Booz Allen Hamilton Inc. after being notified that its tax data was stolen and leaked by Charles Littlejohn, a Booz Allen employee contracted to work at the IRS. Littlejohn pled guilty in October 2023 to unlawfully disclosing confidential tax returns and return information between 2018 and 2020. The breach appears to have affected tens of thousands of taxpayers.

The lawsuit alleges that the IRS failed to implement adequate cybersecurity measures despite repeated warnings, and that Booz Allen neglected to protect the data. The stolen information includes sensitive details from Forms 1099 and Schedule K-1. The lawsuit highlights ongoing risks of identity theft and fraud for the affected taxpayers.

The lawsuit asserts that Alarm Concepts and class members are entitled to statutory damages of $1,000 for each unauthorized inspection or disclosure, as well as punitive damages because the disclosures were willful or the result of gross negligence.

January 30, 2025: The US Senate Committee on Finance released a bipartisan discussion draft of legislation aimed at improving IRS procedures and administration. The proposed bill, named the Taxpayer Assistance Service Act (TAS Act), seeks to enhance the taxpayer experience by facilitating better communication with the IRS, streamlining tax compliance and dispute processes, and ensuring timely expert assistance. Key provisions include improving “math error” notices, expanding US Tax Court jurisdiction, simplifying foreign bank account report compliance, and expanding access to the IRS Independent Office of Appeals. The draft also aims to expand the independence of the National Taxpayer Advocate (NTA) from the IRS and strengthen the IRS whistleblower program while protecting the confidentiality of taxpayer information.

The proposed bill reflects nonpartisan recommendations and seeks to address challenges faced by taxpayers within the current tax system. Proponents of the proposed bill include the current NTA Erin Collins and the long-serving former NTA Nina Olson. Olson described the TAS Act as a “sweeping piece of legislation that promises to improve federal tax administration and increase taxpayer protections.”

TAX RETURN FILING SEASON DEVELOPMENTS

January 23, 2025: As individuals prepare to file their 2024 income tax returns, the IRS reminded taxpayers that they can find answers to their tax questions via IRS online tools and resources. These tools are easy to use, available 24 hours a day, and help taxpayers prepare to file. More information and resources are available at IRS.gov.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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