Federal

  • August 23, 2024

    Taxation With Representation: Latham, Wachtell, Paul Weiss

    In this week's Taxation With Representation, Arch Resources merges with Consol Energy in a deal worth $5.2 billion, Advanced Micro Devices agrees to purchase ZT Systems for $4.9 billion, and Japanese tobacco company JT Group inks a deal to buy Vector Group for $2.4 billion.

  • August 22, 2024

    5th Circ. Says No Tolling For COVID, Trims Atty's Conviction

    The Fifth Circuit on Thursday knocked a false statement charge off Houston attorney Richard Plezia's conviction for his involvement in a multimillion-dollar ambulance-chasing kickback scheme but upheld the rest of his conviction, including conspiracy to defraud the U.S. by helping another lawyer evade federal income taxes.

  • August 22, 2024

    Justices Disfavor External Consistency Test, Mass. Atty Says

    The U.S. Supreme Court likely will decline to hear a construction company's argument that South Dakota's refusal to apportion use tax on its equipment was unconstitutional, a Massachusetts tax agency attorney predicted Thursday, saying the justices have no appetite for applying the external consistency test anymore.

  • August 22, 2024

    NC Hot Rod Shop Owner Admits To Not Paying $2M In Taxes

    A North Carolina automotive business owner has pled guilty to failing to pay more than $2 million in employment taxes and not filing employment tax returns, the U.S. Department of Justice announced Thursday.

  • August 22, 2024

    Tax Co. Owner Didn't Fraudulently Fail To File, Tax Court Says

    An owner of financial and tax services companies who earned about $1 million annually and failed to file returns for four years doesn't have to pay a roughly $1.2 million fraud penalty assessed by the Internal Revenue Service, the U.S. Tax Court ruled Thursday.

  • August 22, 2024

    Tax Court OKs IRS Rejection Of Tax Liability Compromise

    An Internal Revenue Service settlement officer didn't abuse her discretion when she decided to reject an offer from a Maryland couple to settle their more than $103,000 in outstanding tax debts by paying just over $1,800, the Tax Court said Thursday.

  • August 22, 2024

    IRS Secretly Targeted Some ESOPs, Court Told

    The Internal Revenue Service secretly promulgated rules that treat certain employee stock ownership plans as potentially abusive, an ESOP and its related parties told a Wisconsin federal court in accusing the agency of exceeding its authority and violating the Administrative Procedure Act.

  • August 22, 2024

    Guardrails Needed To Thwart Abuse Of Tax-Free Tips Law

    Without restrictions to prevent it, including limits on incomes of eligible workers, legislation to exempt tips from taxes — something both the Democratic and Republican presidential candidates and some congressional lawmakers are proposing — could be gamed by reclassifying income as tips.

  • August 22, 2024

    Meet The 'Larger Than Life' Atty Defending Hunter Biden

    The renowned attorney representing Hunter Biden at his upcoming criminal tax trial is a "larger than life" figure whose ability to connect with a jury, legal acumen and media savvy have made him a go-to lawyer for celebrities and high-profile cases, according to those who know him.

  • August 21, 2024

    Hunter Biden Can't Link Trauma, Drug Abuse To Tax Charges

    Hunter Biden can't tell jurors in his criminal tax trial that traumatic events like his brother's death caused his addiction, which led to a diminished mental capacity and his failure to pay taxes, a California federal judge said Wednesday, noting the information was irrelevant and not backed by expert opinion.

  • August 21, 2024

    Ariz. Man Should Pay Full $2.7M FBAR Bill, Gov't Says

    An Arizona man who failed to report his foreign bank accounts in Switzerland owes approximately $2.7 million in recalculated penalties and interest to the Internal Revenue Service, the U.S. told an Arizona federal court.

  • August 21, 2024

    9th Circ. Upholds FBAR Penalty, Imposes Contested Interest

    A woman who operates a New Zealand winery must pay $238,000 in penalties and an extra $105,000 in interest and fees for failing to report her New Zealand financial accounts to the U.S. government, the Ninth Circuit ruled Wednesday.

  • August 21, 2024

    3 Questions Raised By Harris' Support For 28% Corp. Tax Rate

    Vice President Kamala Harris has proposed increasing the corporate tax rate to 28% to boost revenue if she's elected president, but the proposed hike raises questions about changes to the corporate tax base, the future of the OECD's global tax deal and the potential impact on workers.

  • August 21, 2024

    Tax Interest Rates To Stay Same In 4th Quarter

    The Internal Revenue Service's interest rates for overpayments and underpayments of tax won't change in the fourth quarter of 2024, the agency said Wednesday.

  • August 21, 2024

    Senior House Dem Tax Writer, Trump Critic Dead At 87

    A long-standing Democratic member of the House Ways and Means Committee who pressed for the release of former President Donald Trump's tax returns and for the repeal of the cap on state and local tax deductions died Wednesday.

  • August 21, 2024

    Wisconsin Latest State To Join Direct File For 2025

    The Internal Revenue Service's free electronic tax filing program, Direct File, will be available in Wisconsin for the 2025 tax filing season, the IRS and U.S. Treasury Department announced Wednesday.

  • August 21, 2024

    Scrap Metal Dealer Cops To Converter Theft Conspiracy

    A North Carolina scrap metal dealer has pled guilty to theft and tax charges associated with a catalytic converter theft conspiracy spanning several states, the Department of Justice announced Tuesday.

  • August 21, 2024

    Pros Tell IRS To Ease Off Foreign Gift Reporting Penalties

    The Internal Revenue Service should take a more lenient approach when considering penalty abatements for certain individuals who fail to report large foreign gifts under proposed disclosure regulations, practitioners told the agency Wednesday.

  • August 21, 2024

    Tax Biz Owner Says Any Errant Returns Were Honest Mistakes

    The owner of a Miami tax preparation business rejected the government's claim that she deliberately falsified client returns, telling a Florida federal court that she relied in good faith on the information provided to her by her customers.

  • August 21, 2024

    IRS Issues Corrections For Credit Transfer Rules

    The Internal Revenue Service issued corrections Wednesday to final regulations concerning the election under the Inflation Reduction Act of 2022 to transfer certain tax credits.

  • August 20, 2024

    Mich. Man To Face Loan, Wire Fraud Charges Despite Mistrial

    A Michigan business owner already accused of COVID-19 loan fraud cannot have a superseding wire fraud charge tossed even though a mistrial was declared in the loan fraud case, a Michigan federal judge has ruled.

  • August 20, 2024

    IRS Fee Hikes Threaten Tax Justice For Small Businesses

    The Internal Revenue Service is expected to continue raising the cost for private letter rulings that clarify tax matters and provide taxpayer certainty, prompting concerns among tax professionals that economic justice may become unattainable for small businesses unable to bear these escalating costs.

  • August 20, 2024

    Insider Trading Won't Impact Pilot's Tax Sentencing Guidelines

    A Manhattan federal judge found Tuesday that insider trading allegations won't bump up the guidelines sentencing range for a pilot for U.K. billionaire Joe Lewis who pled guilty to tax evasion.

  • August 20, 2024

    Temple Law Prof, Kostelanetz Atty To Lead ABA Tax Section

    A longtime professor at the Temple University Beasley School of Law and a seasoned tax controversy partner at Kostelanetz LLP will together helm the American Bar Association Section of Taxation for the 2025-2026 term, the firm announced Tuesday.

  • August 20, 2024

    Tax Prep Biz Falsified Credits, Caused $41M Loss, US Says

    A cosmetologist who started her own tax-preparation business in Houston caused $40.7 million in tax losses with the help of her husband by falsifying returns, including improperly claiming pandemic-era credits, the U.S. government told a Texas federal court Tuesday.

Expert Analysis

  • 6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Tech CEO Tax Ruling A Warning For Forward Contracts

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    In McKelvey v. Commissioner, the U.S. Tax Court decided that deceased Monster.com founder Andrew McKelvey terminated his underlying obligations when he extended variable prepaid forward contracts, demonstrating why startup founders, early employees and investors should think carefully before amending derivative agreements, say Daren Shaver and Trent Tanzi at Hanson Bridgett.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Unpacking The Proposed Production Tax Credit Regulations

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    Recently proposed tax regulations for claiming the U.S. clean-energy manufacturers' production credit under Internal Revenue Code Section 45X are less stringent than many had feared but fail to define a fundamental eligibility requirement, say Casey August and Jared Sanders at Morgan Lewis.

  • 10 Considerations For Litigating A New York Tax Case

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    While some of New York’s recently adopted corporate tax regulations are likely to face legal challenges, aggrieved taxpayers should answer certain questions before deciding to embark on the tax litigation process, say Cyavash Ahmadi and Jeffrey Friedman at Eversheds Sutherland.

  • Charting The Course For Digital Assets In 2024

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    Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

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