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United States Government Accountability Office GAO November 2010 Report to the Secretary of the Treasury _part7 doc

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Financial StatementsINTERNAL REVENUE SERVICE Notes to the Financial Statements For the Years Ended September 30, 2010 and 2009 21 Note 10.. Commitments and Contingencies The IRS is a p

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Financial Statements

INTERNAL REVENUE SERVICE

Notes to the Financial Statements For the Years Ended September 30, 2010 and 2009

21

Note 10 Commitments and Contingencies

The IRS is a party to legal actions whose outcome, if unfavorable, could materially affect the financial

statements For some of these actions, management and legal counsel have determined the likelihood

of an unfavorable outcome is remote As of September 30, 2010 and 2009, there were no estimated

contingent liabilities arising from these actions

For some of the legal actions to which the IRS is a party, management and legal counsel cannot

determine the likelihood of an unfavorable outcome nor can any related loss be reasonably estimated

The IRS does not accrue for possible losses related to cases where the potential loss cannot be

estimated or the likelihood of an unfavorable outcome is less than probable As of September 30,

2010 and 2009, there were three cases and two cases, respectively, for which management and legal

counsel are unable to determine the likelihood of an unfavorable outcome or establish a range of

potential losses

The IRS has pending refund claims and lawsuits relating to whether the FICA tax is owed on stipends

paid to medical residents for their services prior to April 1, 2005 It is probable these claims and

lawsuits will result in a loss to the Federal government An estimate of the potential loss cannot be

made

As of September 30, 2010 and 2009, the IRS does not have contractual commitments for payments on

obligations related to canceled appropriations

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