Massachusetts tax attorney Kevin Kilduff, who formerly worked for the IRS Office of Chief Counsel, has been barred from practicing before the IRS for 48 months for failing to file a federal tax return and filing another five returns late.

The IRS’s Office of Professional Responsibility sought the 48-month suspension, alleging that Kilduff’s conduct was willful and disreputable. OPR enforces standards of conduct under Treasury Circular 230, which governs CPAs, enrolled agents and attorneys.

The administrative law judge subsequently set the penalty at a 24-month suspension. Kilduff appealed the judge’s decision to the Treasury Secretary’s Appellate Authority, which ultimately imposed a longer suspension.

Kilduff’s suspension is for a minimum of 48 months. OPR has sole discretion regarding his reinstatement to practice before the IRS. He must file all of his federal returns and pay all the taxes he is responsible for, or enter an acceptable installment agreement or offer in compromise with the IRS.

“Professionals who demonstrate a lack of respect for our tax system by failing to meet their own tax filing obligations should not expect to retain the privilege to practice before the IRS,” said OPR director Karen L. Hawkins in a statement.

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