Amended returns

(3) Amended returns. Amounts collected based on amended returns constitute collected proceeds if (i) The IRS proceeds based on the information provided; (ii) As a result, the person subject to the action(s) with which the IRS proceeds files amended returns; and (iii) The amounts collected based on the amended returns relate to the activities or facts described in the information provided. (4) Criminal fines. Criminal fines deposited into the Crime Victims Fund are not collected proceeds and cannot be used for payment of awards. (5) Computation of collected proceeds. (i) In general. Pursuant to 301.7623-4(d)(1), the IRS cannot make an award payment until there has been a final determination of tax. For purposes of determining the amount of an award under section 7623 and 301.7623-1 through 301.7623-4, after there has been a final determination of tax as defined in 301.7623-4(d)(2), the IRS will compute the amount of collected proceeds based on all information known with respect to the taxpayer's account, including with respect to all tax attributes, as of the date the computation is made. (ii) Post-determination proceeds. If, based on all information known with respect to the taxpayer's account as of the date of the computation described in paragraph (d)(5)(i) of this section, there is a possibility that the IRS may collect additional proceeds, then the Whistleblower Office will continue to monitor the case. If the Whistleblower Office identifies additional collected proceeds, then the IRS will compute and pay accordingly. (iii) Partial collection. If the IRS does not collect the full amount of taxes, penalties, interest, additions to tax, and additional amounts assessed against the taxpayer, then any amounts that the IRS does collect will constitute collected proceeds in the same proportion that the adjustments attributable to the information provided bear to the total adjustments.

Source

26 CFR § 301.7623-2


Scoping language

None
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