Musings in the Aftermath of the First Schedule UTP Filing Season

By Phil Karter As reported earlier this week in the tax press, the recently completed initial filing season for Schedule UTP produced at least one major surprise in the eyes of IRS officials, who had anticipated a much greater number of items listed on the average Schedule UTP than actually materialized.  In fact, the IRS’s … Continue reading Musings in the Aftermath of the First Schedule UTP Filing Season

Protecting the Privilege: Practice Tips for Kovel Engagements

By Jonathan Prokup With the IRS’s increasing emphasis on transfer pricing and other tax issues that depend upon economic and scientific concepts and analyses, tax attorneys frequently rely on non-legal professionals to provide expert assistance in areas with which an attorney might not be familiar.  While this non-legal expertise helps facilitate the attorney’s representation of … Continue reading Protecting the Privilege: Practice Tips for Kovel Engagements

Squib Notes: Venerable “Kovel Rule” May Be Under New Attack

By Phil Karter For almost 50 years, lawyers have relied on the “Kovel Rule” to extend the attorney-client privilege to non-testifying accountants or other business experts.   The philosophy behind the rule, so named after the landmark case, United States v. Kovel, 296 F. 2d 918 (2nd. Cir. 1961), is to recognize “the complexities of modern … Continue reading Squib Notes: Venerable “Kovel Rule” May Be Under New Attack

Trust but Verify – Proposed Schedule UTP and the Implications to Attorney Work Product

By Phil Karter Last week, at the TEI Midyear Conference in Washington, LMSB Commissioner Heather Maloy told corporate tax executives attending the conference that “trust” was the key to successfully implementing the new reporting requirements for uncertain tax positions first set forth in Announcement 2010-9.  As reported in the April 14th edition of Tax Notes, … Continue reading Trust but Verify – Proposed Schedule UTP and the Implications to Attorney Work Product

The Subliminal Message Underlying Announcement 2010-09

By Phil Karter Predictably, there has been a good deal of consternation accompanying the release of IRS Announcement 2010-09, which continues the trend away from the Service's traditional "policy of restraint" in seeking to uncover uncertain tax positions.  The first chink in this long-standing policy of restraint was exhibited in Announcement 2002-63, where the Service … Continue reading The Subliminal Message Underlying Announcement 2010-09