Transfer Pricing: Audits, Appeals, and Penalties (Portfolio 891)
This Portfolio analyzes transfer pricing recordkeeping requirements; audits, appeals and penalties; document requests and summonses; and Competent Authority consideration in transfer pricing cases.
The Detailed Analysis consists of Chapters 1 and 2 of the Tax Management Transfer Pricing Portfolio Series.
Chapter 1, “Audits, Appeals, and Penalties,” discusses the effect on taxpayers of various IRS enforcement programs. The chapter also describes in detail the operation of field audits and review by the Appeals Office, and illustrates taxpayer strategies for dealing with the IRS in those contexts. It also discusses the penalties associated with §482 adjustments.
Chapter 2, “Document Requests and Summons Enforcement,” provides a detailed explanation of §982 document requests, designated summonses, §§6038A and 6038C summonses, and third-party summonses.
Table of Contents
Chapter 12: TRANSFER PRICING, AUDITS, APPEALS, AND PENALTIES by William Dodge, George H. Soba, Esq., Deloitte Tax LLP, Washington, D.C., and Steven C. Wrappe, Esq., Ernst & Young LLP, Washington, D.C.
12:II. Field Audit: Preparation
12:III. Field Audit: Information Gathering and Analysis
12:IV. Field Audit: Examination and Assessment
12:VI. Case Study
12:VII. Related Issues
12:VIII. Penalties Relevant to Section 482 Adjustments
Chapter 13: TRANSFER PRICING DOCUMENT REQUESTS AND SUMMONS ENFORCEMENT by Joseph R. Goeke, Esq., Gregory L. Barton, Esq., and Richard T. Morrison, Esq., Mayer, Brown & Platt, Chicago, Illinois
13:II. Section 982: Requests for Documents Maintained in Foreign Countries
13:III. The Designated Summons Under § 6503(j)
13:IV. Section 6038A Summonses
13:V. Confidentiality and Protective Orders in an Audit Context
13:VI. Third-Party Summonses
Chapter 14: COMPETENT AUTHORITY CONSIDERATION IN TRANSFER PRICING CASES by Brian S. Gleicher, Esq., White & Case, Washington, D.C.
14:II. Treaty Basis for Competent Authority Relief
14:III. U.S. Implementation of the Competent Authority Procedure
14:IV. Procedures for Requesting Competent Authority Assistance
14:V. Limitations on Applicability and Availability of Competent Authority Relief
14:VI. Considerations in Requesting Competent Authority Assistance
14:VII. Negotiation of the Agreement Between the Competent Authorities
14:VIII. Competent Authority Process in U.S.-Initiated Transfer Pricing Cases
14:IX. Competent Authority Process in Foreign-Initiated Transfer Pricing Cases
14:X. Finalization of Competent Authority Agreement
14:XI. Direct Costs and Benefits of a Competent Authority Agreement
14:XII. Indirect Costs and Benefits of a Competent Authority Agreement
Principal, Tax / Transfer Pricing
Deloitte Tax LLP
Crowell & Moring LLP
Miller & Chevalier Chartered
RS Office Of Chief Counsel, Financi
Attorney (Income Tax & Accounting)
Irs Office Of Chief Counsel