- 21 - The possibility that a position will not be challenged by the Service (e.g., because the taxpayer’s return may not be audited or because the issue may not be raised on audit) may not be taken into account. In other words, in considering the “hazards of litigation” or the reasonableness of a particular tax return position, tax return preparers are now to assume that tax returns will be audited by respondent and that questionable items reported and claimed on the returns will be disallowed by respondent. Accordingly, with regard to questionable items knowingly reported on estate tax returns, taxpayers and tax return preparers generally are to anticipate that an audit will occur and that questionable items will be disallowed by respondent, and they are to anticipate that the estate will incur additional legal expenses associated with that disallowance. Thus, under section 20.2053-1(b)(3), Estate Tax Regs., it appears that legal expenses likely to be associated with a disallowance by respondent of questionable items reflected on estate tax returns could be claimed on the returns when filed, based on reasonable estimates therefor. I have two further points. If a taxpayer and a tax return preparer jointly and knowingly participate in the preparation and filing of a grossly fraudulent tax return to such an extent that the fraud -- when first raised by respondent on audit -- should have beenPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011