Federal
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October 08, 2024
IRS Seeks Feedback On Digital Asset Reporting Form
The Internal Revenue Service is seeking comments by Nov. 6 on a draft of a 2025 form for digital asset transaction reporting, according to a notice.
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October 08, 2024
Tire Seller Counts As Importer, Owes $2M Tax, 5th Circ. Says
A Houston truck sales company owes nearly $2 million in excise taxes because it qualifies as the importer of tires that it bought from a Chinese manufacturer, the Fifth Circuit ruled Tuesday in overturning the decision of a Texas federal judge.
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October 08, 2024
Tax Court Denies Ariz. Woman Spousal Relief
The U.S. Tax Court denied an Arizona woman's request for relief from liability for a faulty return filed by her husband, saying on Tuesday that she failed to show she was a victim of abuse and incapable of challenging the filing.
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October 08, 2024
Loss Rule Carveouts Raise Challenges In Pillar 2, Official Says
An IRS official flagged administrability concerns Tuesday with potential safe harbors that would, in some cases, carve out an international minimum tax agreement from interacting with long-standing domestic rules aimed at preventing companies from using the same economic loss twice.
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October 08, 2024
Calif. Tax Preparer Gets 6 Years For $28M Scheme
The owner of a California tax preparation business who helped customers create sham companies was sentenced to six years in prison for a decadelong scheme that caused a tax loss of at least $28 million, according to the U.S. Department of Justice.
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October 08, 2024
Settlement Payments Not Deductible Alimony, 11th Circ. Told
A divorced man who was ordered by a judge to make $3 million in payments on a past-due settlement to his ex-wife should not be allowed to shield them from tax, the U.S. government told the Eleventh Circuit, saying the payments don't qualify as alimony.
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October 08, 2024
7 Taxpayer Advocacy Panel Committees To Meet In November
Seven Taxpayer Advocacy Panel committees will meet in November to discuss possible improvements to customer services, the Internal Revenue Service said Tuesday.
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October 07, 2024
Justices Won't Hear Man's FBAR Constitutionality Challenge
The U.S. Supreme Court let stand Monday a Seventh Circuit decision dismissing a man's challenge to the constitutionality of the Bank Secrecy Act's requirement to report his foreign bank accounts, effectively ending the man's claim that the filings were an invasion of privacy.
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October 07, 2024
Jury Finds Professor Hid Foreign Bank Accounts
An 86-year-old former college professor faces more than $500,000 plus interest in penalties after a jury found that he had deliberately failed to report his foreign bank accounts in Switzerland and Turkey, according to documents filed in a California federal court.
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October 07, 2024
Treasury Proposes Exempting Tribal Cos. From Income Tax
Tribal-owned businesses would not be subject to federal income tax under proposed regulations released Monday by the U.S. Department of the Treasury, a move that would also allow such entities to be eligible to receive direct cash payments in lieu of clean energy tax credits.
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October 07, 2024
Henderson Franklin Adds Tax Pro To Florida Offices
A tax attorney who formerly practiced at Stradling Yocca Carlson & Rauth PC has joined Henderson Franklin Starnes & Holt PA's business and tax planning department and will work from the firm's Florida offices in Fort Myers and Naples.
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October 07, 2024
Man Who Faced Espionage Case Gets Probation Over Taxes
A Chinese engineer initially accused of illegally exporting documents on military aircraft to China was given probation and fined for failing to report about $1.4 million in business income by a Texas federal court after the government dropped its export charges.
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October 07, 2024
11th Circ. Balks At Ex-Braves' $47M Easement Case
Former Atlanta Braves players John Smoltz and Ryan Klesko, challenging a U.S. Tax Court ruling that slashed the value of a conservation easement deduction by 90%, won't have their appeal heard by the Eleventh Circuit after the court said Monday the duo had jumped the gun on challenging the decision before it was made final.
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October 07, 2024
Mich. Couple Owe $3.3M Tax Debt, US Says
A Michigan federal court should order the sale of three properties held by a real estate company to satisfy the roughly $3.3 million tax debt of a couple who are the company's nominee owners, the U.S. government said in a complaint Monday.
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October 07, 2024
IRS Finalizes Conservation Easement Reporting Rules
The IRS released final regulations Monday that impose additional reporting requirements under the threat of penalty for partnerships that abuse a conservation easement tax deduction after the agency suffered major losses in court battles that invalidated the original 2017 rules for violating administrative law.
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October 07, 2024
DC Circ. Skeptical Of Tax Tipster's Whistleblower Award Bid
D.C. Circuit judges seemed skeptical Monday of a tax tipster's claim that the U.S. Tax Court had jurisdiction over his case seeking to overturn the IRS' denial of a whistleblower award, saying during oral arguments that the agency had found his tips unproductive early on.
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October 07, 2024
Justices Won't Review Contractor's $1.3M R&D Credit Suit
The U.S. Supreme Court let stand Monday a Fifth Circuit decision denying a construction company's shareholders a six-figure tax refund for the company's $1.3 million research credit claim, denying a petition.
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October 07, 2024
TCJA Extension, Biz Tax Cut To Reward Top 5%, Report Says
Former President Donald Trump's planned extension of the 2017 tax cuts and lowering of corporate rates contribute most among his platform to lowering taxes for the wealthiest 5% and hiking them for everyone else, the left-leaning Institute on Taxation and Economic Policy said Monday in a report.
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October 04, 2024
Defunct Yoga Studios' Founder Cops To Tax Evasion
The founder of a defunct chain of prominent and lucrative yoga studios who was accused of hiding $1.6 million in income from the Internal Revenue Service pled guilty to tax evasion, New York federal prosecutors said Friday.
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October 04, 2024
DC Circ. Won't Reconsider Whistleblower's $690M Claim
The D.C. Circuit on Friday rejected a whistleblower's request that it rehear a ruling upholding the denial of up to $690 million, or 30%, of the $2.3 billion collected in an Internal Revenue Service offshore voluntary disclosure program.
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October 04, 2024
Fed. Circ. Revives HR Co.'s $1.6M Tax Penalty Refund Bid
A human resources company that sought $1.6 million in tax penalty refunds should not have been rejected for its failure to attach power-of-attorney forms to its requests, the Federal Circuit said Friday in vacating a decision by the U.S. Court of Federal Claims.
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October 04, 2024
Promise Of OECD's Payments Tax Treaty Called Into Question
The OECD-designed tool to provide developing countries with better means to apply a minimum tax on income sent from their jurisdictions to low-taxed entities within a corporate group is inadequate to address those countries' revenue needs, tax policy organizations said.
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October 04, 2024
Former NJ Doctor Owes $4.8M In FBAR Penalties, Court Told
A former physician in New Jersey faces a tax bill of almost $5 million for failing to report 19 bank accounts he opened at Indian banks, the government told a federal court.
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October 04, 2024
IRS Probes Atty Over Promotion Of Deferred Law Firm Fees
The Internal Revenue Service is investigating a lawyer it suspects of promoting a scheme to illegally shield attorneys from taxes on legal fees, according to an Ohio federal court petition seeking to enforce summonses for documents in the case.
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October 04, 2024
Justices Accept Ex-Chicago Alderman's False Statement Case
The U.S. Supreme Court said Friday that it would review the conviction of an ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman under a federal statute that prohibits making false statements to influence certain financial institutions.
Expert Analysis
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks
Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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IRS Sings New Tune: Whistleblower Form Update Is Welcome
In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Energy Community Tax Credit Boost Will Benefit Wind Sector
Recent Internal Revenue Service guidance broadening tax credit eligibility to more parts of offshore wind facilities in so-called energy communities is a win for the industry, which stands to see more projects qualify for a particularly valuable bonus in the investment tax credit context due to the capital-intensive nature of offshore wind projects, say attorneys at Troutman Pepper.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.