FedEx Corporation v. United States: Taxpayer Can Pick & Choose Between Regulations

In FedEx Corporation v. United States, Dkt. No. 08-2423, the U.S. District Court for the Western District of Tennessee concluded that FedEx could rely on the internal use software provisions in the 2001 Final Regulations and the taxpayer-favorable discovery test …..

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United States v. McFerrin: Trial Court Applied Wrong Standard and Must Estimate Research Expenses

In United States v. McFerrin, 570 F.3d 672, the Fifth Circuit Court of Appeals concluded that the trial court applied the wrong standard for determining what research is qualified and failed to estimate the amount of research expenses for the research …..

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Truck Driver Not Entitled to Deduct Meal and Supply Expenses

In Denton v. Commissioner, T.C. Summary Opinion 2009-87, the U.S. Tax Court concluded that a truck driver’s spouse was entitled to innocent spouse relief with respect to the truck driver’s compensation that was not reported on a timely-filed income tax …..

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Truck Driver Not Entitled to Deduct Meal and Supply Expenses

In Elsayed v. Commissioner, T.C. Summary Opinion 2009-81, the U.S. Tax Court reviewed meal and unreimbursed expenses incurred by a truck driver. This case shows the difficulties truck drivers have in capturing and substantiating their expenses for tax purposes. The …..

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Offer in Compromise in Amount Less Than Value of Assets Not Accepted

In Wright v. Commissioner, T.C. Memo. 2008-259, the U.S. Tax Court concluded that an offer in compromise based on doubt as to collectibililty in the amount of $2,000 was properly rejected when the value of the taxpayer’s assets was $3,000. …..

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Anxiety and Depression Due to World Trade Center Attacks Not Reasonable Cause

Kwosh v. Commissioner, T.C. Memo. 2008-204, the court addressed whether anxiety and depression due to the death of a spouse to cancer and the September 11, 2001 terrorist attacks on the World Trade Center justified not imposing the 10 percent …..

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Using a Subchapter S Corporation to Reduce Payroll Taxes for a Sole Proprietorship or Partnership?

Sole proprietors and partners who provide services to their partnership business have to pay self-employment taxes on the income they earn from the business. Self-employment taxes include Social Security and Medicare taxes. The owner of the sole proprietorship is then …..

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