02/16/2026
In case you were thinking AI could replace critical thinking anytime soon:
Clinco v Comm (T.C. Memo 2026-16) involves an attorney who had AI find and compile his citations used to represent his clients in Tax Court.
The problem?
AI hallucinated the citations and the attorney didn't review them to confirm accuracy. The cases were presented as fact, but they didn't exist - at least not in the manner presented.
AI can be a great jumping off point to start research, but you MUST review every single citation before presenting them to clients and/or the IRS/courts. It's malpractice to do otherwise.
Don't ever be afraid to ask your tax professional to provide citations for the positions they're relying on when preparing your tax strategy plan or tax return.
Here's a review of the case if you're curious:
The recent Tax Court memorandum opinion in Clinco v. Commissioner , T.C. Memo. 2026-16, serves as a stark warning to tax practitioners regarding two critical areas of practice: the fundamental requirement of substantiating deductions and income, and the emerging ethical peril of utilizing Artificia