Saturday, November 13, 2010

IRS looks into Wells Fargo tax deductions

A dispute between the Internal Revenue Service and Wells Fargo & Co. that has been quietly taking shape in a Minneapolis federal court could cost the bank hundreds of millions of dollars.


The clash involves "sale-in, lease-out" (SILO) transactions in which a tax-exempt entity transfers tax benefits to a taxpayer like Wells Fargo, in exchange for a fee. The IRS says Wells Fargo has claimed nine-digit losses for tax purposes on such deals, but the government considers them an illegal tax dodge.

It's the latest of many complex tax issues the bank has argued with the government. In 319 pages of filings earlier this week, the Justice Department's Tax Division said the bank has participated in "abusive tax avoidance" strategies for years.

The latest fight reared its head in September, with Wells Fargo resisting the government's attempt to get papers that independent auditors from KPMG used to figure the bank's potential exposure to some questionable tax deductions for 2007 and 2008. In an administrative lawsuit, Wells Fargo argued that the documents contain attorney "work product" prepared in anticipation of litigation, and thus are exempt from disclosure.

Wells Fargo declined to comment on the case

Read on.

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