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Sponsored by Rep. Nicole Malliotakis (R-NY) · 0 active
Latest action: Received in the Senate and Read twice and referred to the Committee on Finance.
Protecting Taxpayers from Ghost Preparers Act
This bill limits the amount of time the Internal Revenue Service (IRS) has to assess taxes related to fraudulent or false federal tax returns where there is no intent by the taxpayer to evade taxes.
As background, the IRS generally has three years from the date that a tax return is filed (statute of limitations) to assess taxes owed by the taxpayer for the tax year. However, if a false or fraudulent tax return is filed with the intent to evade tax (fraud exception), then the IRS may assess taxes at any time. In
Murrin v. Commissioner
the U.S. Tax Court held (and the U.S. Court of Appeals for the Third Circuit affirmed) that the fraud exception applies when a tax return preparer places false or fraudulent entries on a tax return without the taxpayer’s knowledge. In contrast, the U.S. Court of Federal Claims held in
BASR Partnership v. Commissioner
that the fraud exception only applies if the taxpayer intends to evade taxes.
The bill limits the fraud exception to cases in which the taxpayer intends to evade taxes.
Each member’s recorded vote compared with their swing projection from before the vote. A member by voting against most of their own party.
Passed by voice vote or unanimous consent: no individual votes recorded.
Members fall into . All 100 senators have enough data to score.
: only movement toward the other party counts, so members who sit further from the center than their party no longer score as swing votes.
Bars show each input from 0 to 100: ideology gap, scorecard gap, , and the . is the seat’s partisan lean, and shows how much of the input data a score has.
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This bill has no cosponsors.
Ideology is each member’s score. The most moderate members of each party sit nearest the center line and highest on the chart.
Not applicable in the Senate. There is not enough similar voting history (weight 4.0 of 5.0 needed), so this input is left out of the score rather than counted as missing.