Whistleblower Case Hinges on IRS Time Frame for Setting Awards

“The U.S. Tax Court has given the Internal Revenue Service until Sept. 24 to respond to an amicus brief in support of what could amount to an award of tens of millions of dollars for whistleblower Joseph Insinga, an informant who implicated seven major corporations in tax evasion in 2007 (Insinga v. Commissioner, T.C., No. 4609-12W, 7/31/12).

“The issue is whether the Administrative Procedures Act applies to the IRS in this case and whether inaction is tantamount to a negative determination,” Insinga attorney Andrew Carr, with Bateman Gibson in Memphis, Tenn., told BNA Aug. 8.

The case will be closely watched by informants because of its potential to impact other slow-moving IRS whistleblower claims and also because it is the first to invoke the Administrative Procedures Act in a whistleblower case, Carr said. The act confers jurisdiction on the court if agency action or failure to act aggrieves an individual.”

More at the full article here >>

Original article by Diane Freda
Publication Date: 08/09/2012

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