tax Advice Archive

BBA partnership audits show high no-change rate, TIGTA says
March 28, 2022
No Comments
TweetShareSharePin0 Shares IRS examinations of partnerships under the procedures of the Bipartisan Budget Act (BBA) of 2015, P.L. 114-74, more often ended with no additional tax liability proposed than for all partnership audits of returns for the same tax years, the Treasury Inspector General for Tax Administration (TIGTA) reported in an audit (Rep’t No. 2022-30-020).
Public Policy and Not in the Best Interest of the Government Offer in Compromise Rejections
March 28, 2022
No Comments
TweetShareSharePin0 Shares In the first year of this blog, I wrote a post on the case of Anderson v. Commissioner, 2013-261, questioning why the Settlement Officer (SO) in Appeals did not reject a taxpayer’s offer by citing public policy grounds. In that case the Tax Court remanded a Collection Due Process (CDP) determination because the

Various exempt organization notices paused
March 25, 2022
No Comments
TweetShareSharePin0 Shares The IRS said Friday it is suspending its issuance of 10 notices generally sent to tax-exempt organizations about late return filings. The IRS listed the paused notices in its periodic Exempt Organization Update newsletter for charities and not-for-profit organizations. Like its suspension earlier of a broader range of notices and letters to other

IRS reproposes unified plan rule exception for multiple-employer plans
March 25, 2022
No Comments
TweetShareSharePin0 Shares The IRS released proposed regulations Friday (REG-121508-18) providing an exception from the “unified plan rule” for multiple-employer plans when one or more participating employers in the plan fail to take required actions. The regulations also would update a number of other provisions to reflect changes since the IRS last issued final regulations for
Tax Court Proposed Rule Changes
March 25, 2022
No Comments
TweetShareSharePin0 Shares 0 Flares
Filament.io
Made with Flare More Info“>
0 Flares
×
On March 23, 2022, the Tax Court announced proposed amendments to its Rules. The proposal is quite lengthy but a large part of the amendments seeks to clean up language or more closely conform
Is Supreme Court Review Possible?
March 25, 2022
No Comments
TweetShareSharePin0 Shares The last time we talked about Goldring v. United States, 15 F.4th 639 (5th Cir. Oct. 4, 2021), the taxpayers had won their case for a refund of deficiency interest, creating a circuit split with FleetBoston Fin. Corp v. United States, 483 F.3d 1345 (Fed. Cir. 2007). On November 18th, the government petitioned
You Call That “Notice”? Seriously?
March 24, 2022
No Comments
TweetShareSharePin0 Shares Last April, I wrote (see here and here and here) about the Federal Circuit’s decision in General Mills, Inc. v. United States, 957 F.3d 1275 (Fed. Cir. 2020), aff’g 123 Fed. Cl. 576 (2015). The briefs on appeal are available here: the taxpayer’s opening brief, the government’s answering brief, and the taxpayer’s reply

TIGTA: IRS inefficiencies worsened backlog
March 23, 2022
No Comments
TweetShareSharePin0 Shares While the pandemic and law changes were primarily responsible for the IRS’s inability to meet timeliness standards for the majority of taxpayers’ cases last year, inefficiencies in staffing, equipment, and procedures also contributed to the lag, the Treasury Inspector General for Tax Administration (TIGTA) said in an audit report. The report, titled Program
Confusion Over Attorney’s Fees in Ninth Circuit Stems from Statute and Regulation…
March 23, 2022
No Comments
TweetShareSharePin0 Shares Today we welcome back Maria Dooner. Maria is a practitioner-in-residence at the Janet R. Spragens Federal Tax Clinic at American University’s Washington College of Law. She returns to help us understand the 9th Circuit’s recent decision regarding attorney’s fees. Keith As Keith discussed here, the Ninth Circuit recently issued its opinion on Tung

Individual taxpayers must answer cryptoasset question, IRS notes
March 22, 2022
No Comments
TweetShareSharePin0 Shares The IRS highlighted in a news release that all filers of Forms 1040, U.S. Individual Income Tax Return, 1040-SR, U.S. Tax Return for Seniors, and 1040-NR, U.S. Nonresident Alien Income Tax Return, must answer the forms’ question regarding virtual currency. The question, which on Form 1040 is just below the address block, asks,