Follow up - IRS denied the EITC claim. We appealed. Just found out today that the client received their refund.
If any of you find yourself in this situation, I have attached IRB 2020-14 which says the IRS will follow Feigh decision. I attached the IRB to my response letter when we disagreed with the IRS. Pretty sure that helped get this resolved.
Tom
Longview, TX
IRB 2020-14 Feigh IHHS.pdfIRB 2020-14 Feigh IHHS.pdf