Federal
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April 28, 2025
No Harm Shown Over DOGE Access To Tax Data, US Says
The U.S. government asked a D.C. federal court to throw out four organizations' bid to keep the White House's Department of Government Efficiency from accessing confidential taxpayer data, saying their suit fails to show injury to the groups' members.
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April 28, 2025
Feds No Longer Want Convicted Ex-Ill. Speaker To Forfeit $3M
The federal government has reversed course on a bid for former Illinois House Speaker Michael Madigan to forfeit more than $3 million in the wake of his partial conviction on public corruption, saying it stands by its legal arguments but was backing off as "a matter of discretion."
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April 28, 2025
Latham Advises REIT's $340M Stock Offering
Retail-focused real estate investment trust Agree Realty Corp. signed a forward sale agreement in which the REIT made a more than $340 million public offering of 4.5 million shares of its common stock for the price of $75.70 apiece, in a deal guided by Latham & Watkins LLP, the law firm announced.
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April 28, 2025
Miami Tax Prep Owner Barred From Work For 3 Years
A Miami tax preparation business and its owner are barred from doing any tax work for three years and must pay $446,000 in client fees to the government for preparing false returns the government claims caused a $500,000 tax loss, a Florida federal court said Monday.
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April 28, 2025
High Court Passes On Dell Worker's Income Tax Case
The U.S. Supreme Court declined Monday to review a decision that nearly $300,000 in income earned by an employee of Dell Techologies Inc. is taxable, letting stand a Fifth Circuit ruling that additionally upheld a penalty against the man for making frivolous arguments.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
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April 25, 2025
Feds Say Tariff Fight Belongs In International Trade Court
The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.
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April 25, 2025
Sen. Crapo Calls Exec Session For Commerce, Treasury Noms
U.S. Senate Finance Committee Chairman Mike Crapo, R-Idaho, announced Friday that it will hold an executive session Tuesday to consider President Donald Trump's picks for roles at the U.S. Department of Commerce and U.S. Department of the Treasury.
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April 25, 2025
US Seeks To Block Refund For Captive Insurance Penalties
A Pennsylvania federal court should reject a company's bid for an immediate penalty refund for operating what the IRS claimed is an abusive tax shelter through its microcaptive insurance program, the government argued Friday, saying the company is seeking protection in an unrelated U.S. Supreme Court ruling.
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April 25, 2025
IRS Says Docs In Captive Insurance Case Are Privileged
The IRS defended its refusal to release information to a tax services company seeking audit records of its captive insurance program, telling a Texas federal court that the agency's redactions of the requested records are protected by attorney-client privilege and other exceptions to the Freedom of Information Act.
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April 25, 2025
Takeaways From Justices' Questioning In Tax Collection Suit
The U.S. Supreme Court heard oral arguments this past week in a nearly 11-year-old case that could redefine taxpayers' challenges of Internal Revenue Service determinations to collect tax debts. Here, Law360 examines tax practitioners' key takeaways from the justices' remarks.
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April 25, 2025
Taxation With Representation: Dechert, Brown Rudnick
In this week's Taxation With Representation, Boeing sells parts of its digital aviation solutions business to Thoma Bravo, Baker Tilly and Moss Adams join forces, Mobico sells its U.S. school bus business to I Squared Capital, and Apollo commits to a joint venture with Bullrock Energy Ventures.
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April 25, 2025
5 Issues Benefits Attys Want The Gov't To Shed Light On
The first three months of President Donald Trump's administration have left lawyers who represent employers and benefit plans hungry for clarity on issues like cryptocurrency as a 401(k) investment and coverage for gender-affirming care. Here, Law360 looks at five areas where attorneys are hoping for guidance or regulations.
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April 25, 2025
No Weekly Internal Revenue Bulletin Articles For April 28
The Internal Revenue Service's weekly bulletin, issued Friday, said there were no articles to be published for April 28.
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April 24, 2025
Union Challenges Treasury's Suit Over CBA Executive Order
A National Treasury Employees Union affiliate urged a Kentucky federal judge Thursday not to find the U.S. Department of the Treasury can lawfully terminate its labor contracts with the national union, arguing the district court does not have jurisdiction and the agency can't request an advisory opinion.
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April 24, 2025
Gov't Stands By $1.7M In FBAR Penalties Against Texan
Constitutional law does not stop the U.S. from imposing $1.7 million in penalties against a Texan for failure to report foreign bank accounts, the U.S. told a federal court in arguing against the "myriad" of arguments she has made to dismiss the case.
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April 24, 2025
Silicon Valley Bank Liquidators Fight $41M Bill In Tax Court
The trust responsible for liquidating assets of the shuttered Silicon Valley Bank told the U.S. Tax Court that the IRS has wrongly charged the bank's operator more than $41 million in additional taxes by claiming it didn't substantiate losses and research activities in the years leading up to its bankruptcy.
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April 24, 2025
Think Tank Says Tariffs Hit Lower-Income Workers Hardest
President Donald Trump's tariffs currently being collected disproportionately harm lower- and middle-income earners in the U.S., according to an updated study by the Institute on Taxation and Economic Policy.
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April 24, 2025
Tax Cos. Head To 9th Circ. Over IRS Worker Credit Denials
Two tax assistance companies are appealing to the Ninth Circuit an Arizona federal court ruling denying their request to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, including those filed by their clients.
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April 24, 2025
Firm Fights IRS' $33M Boost To Self-Employment Income
The Internal Revenue Service wrongly subjected nearly $33 million of a New York investment firm's income to self-employment taxes by disqualifying the firm's limited partners and taxing their distributions, it alleged in two U.S. Tax Court petitions.
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April 23, 2025
NY, 11 Other States Sue Trump Administration To Block Tariffs
A dozen states are seeking to block tariffs the Trump administration imposed under the International Emergency Economic Powers Act, claiming in a lawsuit Wednesday the tariffs illegally constitute unprecedented tax hikes on Americans and violate constitutional separations of powers
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April 23, 2025
TurboTax Maker Fends Off H&R Block's False Ad Claims
A California federal judge tossed H&R Block's claims that competing tax-preparation company Intuit duped its customers into buying its TurboTax product by falsely claiming an expert would review returns, saying H&R Block failed to show the expert review feature influenced customers' purchasing decisions.
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April 23, 2025
11th Circ. Denies Couple's Medical, Business Deductions
The Eleventh Circuit rejected Wednesday numerous tax deductions that a couple had claimed for business and medical expenses, affirming the U.S. Tax Court's position that the pair failed to provide enough supporting documents to take advantage of the perks.
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April 23, 2025
Trump Says 145% Tariffs On China Will Fall Significantly
The U.S.' tariffs on China will end up nowhere near 145%, the current level for most Chinese goods, but they will not go away entirely, President Donald Trump said in the Oval Office.
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April 23, 2025
SCOTUSblog Sold Amid Goldstein's Criminal Case
SCOTUSblog has been sold to digital media company The Dispatch, according to announcements from both publications Wednesday, marking a new chapter for the U.S. Supreme Court-focused legal publication while its co-founder Tom Goldstein faces criminal charges.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Tariffs And FCA Create Perfect Storm For Importers
The Trump administration's aggressive tariff policies pose a high risk to certain importation practices that are particularly likely to trigger False Claims Act enforcement, say attorneys at Jeffer Mangels.
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US Reassessment Of OECD Tax Deal Is Right Move
The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.