A comparison of FIN 48 and the tax penalty standard

Efforts intended to strengthen objectivity and transparency with respect to tax planning, compliance, and conflict resolution have converged around the use of a "more likely than not" standard. A spectrum of consequences may now depend upon whether a position taken, or expected to be taken, in a tax return is more likely than not to be sustained.

Yet, the definition and significance of more likely than not ("MLTN") is not identical across the contexts in which it is applied. Accordingly, it is important to consider each context carefully, both to ensure consistency, where appropriate, and understand potential divergences that may exist.

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