1716338  |  Webcasts & Webinars  |  Intermediate  |  Scheduled

Defensive Tax Return Disclosures

Friday, December 14, 2018 8:00am - 10:00am

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Defensive tax return disclosures are made on Forms 8275 or 8275R, depending on whether the declared position is consistent or inconsistent with extant treasury regulations. However, the reason for filing defensive tax return disclosures goes beyond avoiding penalties associated with intentional disregard for rules and regulations. Preempting IRS deficiency notice presumptive correctness is a dominating consideration. This webcast explains.

This webcast involves Section 179 depreciation expense at the partnership level in a startup operation. Although not incorporated into this webcast, Dr. Jenkins wants to share his paper, "Why Section 179(b)(3)(A)'s Business Income Limitation Does Not Apply to Partnerships or S Corporations." The paper is currently in peer review at a university tax journal. Also, the ACPEN/BPN webcast based on this paper will be first aired during the week of September 25-29, 2017. Please be sure to look for that announcement and register for the webcast.


Lesson 1.


Lesson 2.

Forms 8725 and 8725R and Intentional Disregard of Rules and Regulation Penalties

Lesson 3.

Affirmative Equitable Defenses

Lesson 4

Preempting IRS Deficiency Notice Presumptive Correctness

Lesson 5



  • Recognize important differences in correctly filing Forms 8725 and 8725R
  • Recognize equitable tax doctrine application can correctly set aside black letter law targeted benefits  
  • Recognize why it is important to correctly rebut the IRS presumption of correctness when filing client tax returns  
  • Recognize properly prepared affidavits and incorporated exhibits amount to defensive tax return disclosures that correctly reduce IRS controversies to questions of law


Designed For

CPAs Attorneys Enrolled Agents Enrolled Retirement Plan Agents Self-directed Retirement Plan Fiduciaries, Custodians, and Administrators
Self-directed Retirement Plan Account Holders *Tax Return Preparers


  • Forms 8725 and 8725R  
  • Penalties associated with intentional disregard of rules and regulations  
  • Equitable Tax Doctrines  
  • IRS deficiency notice presumptive correctness  
  • Preparing defensive tax return disclosures

Your Price: $109.00

This is your base price and does not reflect any additional session fees, optional add-ons, or guest registrations.

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David Jenkins

David Randall Jenkins, Ph.D., received his doctorate in accounting and a master’s in accounting with an emphasis in tax from the University of Arizona. He has taught financial, managerial, and tax accounting courses at both the graduate and undergraduate levels. Dr. Jenkins is an AACSB academically qualified business school and tax professor owing to his peer reviewed journal article publications. His company, Algorithm LLC (algorithm-llc.com), is an IRS Approved Continuing Education Provider.

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