tax Archive
Winning Boechler Took a Village
April 21, 2022
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TweetShareSharePin0 Shares Today we welcome back retired blogger, Carl Smith. Carl was the architect of the argument that time periods for filing a petition in Tax Court are not jurisdictional based on his reading of Supreme Court cases coming out in other areas of the law. He worked with the Tax Clinic at the Legal
Supreme Court Decides Boechler Case
April 21, 2022
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TweetShareSharePin0 Shares April 21, 2022 by Keith Fogg Leave a Comment 0 Flares
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The Supreme Court held 9-0 that the time for filing a petition in a Collection Due Process case is not a jurisdictional time period. It
Boilerplate Provisions in Stipulated Decisions May Have “Interesting” Consequences
April 21, 2022
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TweetShareSharePin0 Shares In my last post, I ran through the arguments a taxpayer may have against interest accruing when the IRS is “dilatory” in assessing tax that was assessed through a Tax Court decision. It was a fun and exciting jaunt through IRC § 6404(e) marred by a rather unfulfilling conclusion: IRC § 6404(e) interest

Missouri Tax Reform Could Give State Competitive Edge
April 20, 2022
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TweetShareSharePin0 Shares Tax reform has become a major focus for state legislatures this session, and Missouri lawmakers are tuned in to the action: after adjusting individual income tax triggers in 2021, the legislature is exploring further tax reform options. Senate Bill 739 would create an additional tax trigger mechanism for the individual income tax, while
Losing Interest: Delayed IRS Assessments
April 20, 2022
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TweetShareSharePin0 Shares Over the last two years I cannot count the number of times I’ve had to give extraordinarily unsatisfying advice to my clients. That advice being, “please wait.” Wait for the IRS to process your return. Wait for the refund to be issued. Wait for your Collection Due Process hearing. Of course, waiting can

Treasury equity action plan reports progress
April 19, 2022
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TweetShareSharePin0 Shares While the individual income tax filing season ended Monday, Treasury and the IRS will continue gathering feedback as part of efforts over the past year and looking ahead to make the tax system more equitable and fair, according to Treasury’s Equity Action Plan: One Year Progress Report released last week. The report documents
Can Bankruptcy Trustee Be Held Liable for Trust Fund Recovery Penalty of Responsible Officer?
April 19, 2022
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TweetShareSharePin0 Shares In In re Big Apple Energy, LLC, No. 8-18-75807 (Bankr. EDNY 2022), the owner of a business that failed to pay the taxes withheld from employees over to the IRS sought an order that the bankruptcy trustee was personally liable for the interest and penalties arising from the failure. In rejecting this claim,

EU VAT Reform: Benefits of Principled Tax Policy
April 19, 2022
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TweetShareSharePin0 Shares “New own resources should fulfil the criteria of simplicity, transparency, predictability, and fairness.” One would think that the above recommendation came from a Tax Foundation report on principled EU own resources policy. While we would like to claim credit, the recommendation, rather, comes from the EU’s own 2016 Monti report and more recently,

Superfund taxpayers granted failure-to-deposit penalty relief
April 18, 2022
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TweetShareSharePin0 Shares The IRS provided temporary relief from a penalty for failure to deposit Superfund excise taxes and affirmed the availability of a safe harbor for deposits. The relief in Notice 2022-15 released Friday applies to semimonthly deposits due in the third and fourth calendar quarters of 2022 and the first quarter of 2023. In

SALT cap challenge is denied Supreme Court review
April 18, 2022
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TweetShareSharePin0 Shares The U.S. Supreme Court declined Monday to review an appellate case that upheld the $10,000 limit on the amount of state and local taxes (SALT) that can be claimed as a deduction on individual federal income tax returns. The Court’s order list included a denial of certiorari for New York v. Yellen, No.