tax Archive
Credit Carry Forward as Timely Refund Claim
September 13, 2021
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TweetShareSharePin0 Shares In Libitzky v. United States, No. 3:18-cv-00792 (N. D. Cal. 2021) the district court dismisses cross motions for summary judgment in a refund suit and pushes the case forward for a determination by a jury. The parties agree that the Libitzkys overpaid their 2011 liability by almost $700,000. They disagree on the issue

Tax on Stock Buybacks a Misguided Way to Encourage Investment
September 10, 2021
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TweetShareSharePin0 Shares Stock buybacks have gained a bad rap in recent years as policymakers have blamed them for a range of economic ills, from encouraging a focus on short-term profits to reduced investment. Now, Senators Ron Wyden (D-OR) and Sherrod Brown (D-OH) have targeted buybacks for a 2 percent excise tax in the reconciliation package.

Keeping Child Tax Credit Fully Refundable Is Critical to Low-Income Families
September 10, 2021
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TweetShareSharePin0 Shares As Congress debates whether to extend the major, but temporary, changes to the Child Tax Credit (CTC) it adopted earlier this year, a crucial question is whether it should keep the credit fully refundable. A new Tax Policy Center analysis finds that, for low-income families, full refundability is a key element of the
Applying the Penalty Approval Provision to a Conservation Easement Case
September 10, 2021
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TweetShareSharePin0 Shares In Oconee Landing Property LLC et al v. Commissioner, Dk. No. 11814-19 the Tax Court entered a very substantive order granting partial summary judgment to the IRS on the issue of penalty approval. If the Court still designated orders, I suspect it would have designated this one. The IRS in this case uses

Was The Senate’s Heated Crypto Tax Reporting Debate Much Ado About Nothing?
September 10, 2021
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TweetShareSharePin0 Shares When Congress debates major legislation, the public often focuses on a single narrow issue—one frequently irrelevant to the main point of the bill. It happened when the Senate debated the $1 trillion infrastructure measure last month: Many paid outsized attention to tax reporting for cryptocurrency, a proposal that would have funded less than
A Second Bite at the Innocent Spouse Apple
September 9, 2021
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TweetShareSharePin0 Shares We regularly have clients who come into the Tax Clinic at the Legal Services Center of Harvard Law School who received a determination in the past that they did not qualify for innocent spouse relief. These individuals may have what looks to us like a good case, but we struggle to get them

Treasury Minimum Tax Argument Relies on Narrow Interpretation of Rules
September 8, 2021
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TweetShareSharePin0 Shares Tuesday, the U.S. Treasury Department released a blog authored by Treasury officials Itai Grinberg and Rebecca Kysar. Though the blog purports to make a case for President Biden’s proposal to increase the current minimum tax on foreign profits of U.S. companies, its arguments rely on a very narrow interpretation of current law and
Guidance issued on 2021 wage reporting of qualified sick and family leave
September 8, 2021
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TweetShareSharePin0 Shares The IRS on Tuesday detailed how employers must report qualified sick leave wages and qualified family leave wages for leave provided to employees in 2021. Under Notice 2021-53, employers are required to report the qualified leave wages on either box 14 of a 2021 Form W-2, Wage and Tax Statement, or on a

An Expanded Child Tax Credit Would Reduce Poverty to Below 10 Percent in Nearly All States
September 8, 2021
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TweetShareSharePin0 Shares The American Rescue Plan’s (ARP) expanded Child Tax Credit (CTC) would reduce child poverty in a typical year below 10 percent in 47 states – if it is extended beyond 2021. Absent an extension, child poverty in a typical year would be below 10 percent in just 13 states. A new study by
Complications from Extensions and Unprocessible Returns
September 8, 2021
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TweetShareSharePin0 Shares Bob Probasco returns today with an important alert on overpayment interest. Christine A few months ago, Bob Kamman flagged a number of surprising phenomena he’d observed recently, one of which related to refunds for 2020 tax returns. Normally, when the IRS issues a refund within 45 days of when you filed your return,