TIGTA Questions IRS’s Future State Reorganization

IRS has the power to decide who gets what, when, and how when it comes to federal taxes. Many of these decisions are made by IRS employees as part of examining tax returns. This is why we are all watching …..

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No Damages for Emotional Distress for IRS Violations of Bankruptcy Law

When a private party violates the law, there are often consequences. This is especially true for the automatic stay that protects individuals in bankruptcy from collections actions during the bankruptcy proceeding. In Hunsaker v. United States, Case No. 6:16-cv-00386-MC, the …..

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Partnership Tax Return Cannot be Corrected by Amended Tax Return

In U.S. v. Stewart, No. 15-20596, the Fifth Circuit Court of Appeals concluded that the taxpayer was not entitled to a tax refund that was based on a corrected Schedule K-1 received from a partnership the taxpayer owned. The question …..

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Lump Sum Cash Payment Did Not Qualify as Alimony

In Muñiz v. Commissioner, No. 15-14478, the Eleventh Circuit Court of Appeals concluded that lump sum payment made in cash did not qualify as alimony under Florida law. The payment did not qualify because Florida law says that the obligation …..

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How Do You Prove You Mailed a Tax Return to the IRS?

In In Re McGrew, No. 13-00149, the U.S. Bankruptcy Court for the Northern District of Iowa addressed a dispute as to whether the taxpayer had actually filed her tax return with the IRS. The taxpayer said she did; the IRS …..

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One of its Principal Purposes” for an Installment Sale

What if you could transfer depreciable assets from one legal entity that you own to another legal entity that you own, not report the gain from the sale until some future year, and then step up the tax basis in …..

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IRS Will Not Follow Court’s Holding for Customer Rewards Program

The IRS issued AOD 2016-03 to indicate that it will not follow the Third Circuit Court of Appeals decision in Giant Eagle, Inc. v. Commissioner, 822 F.3d 666 (3rd Cir. 2016), rev’g T.C. Memo 2014-146. The issue is whether costs …..

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