Federal
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October 04, 2024
Promise Of OECD's Payments Tax Treaty Called Into Question
The OECD-designed tool to provide developing countries with better means to apply a minimum tax on income sent from their jurisdictions to low-taxed entities within a corporate group is inadequate to address those countries' revenue needs, tax policy organizations said.
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October 04, 2024
Former NJ Doctor Owes $4.8M In FBAR Penalties, Court Told
A former physician in New Jersey faces a tax bill of almost $5 million for failing to report 19 bank accounts he opened at Indian banks, the government told a federal court.
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October 04, 2024
IRS Probes Atty Over Promotion Of Deferred Law Firm Fees
The Internal Revenue Service is investigating a lawyer it suspects of promoting a scheme to illegally shield attorneys from taxes on legal fees, according to an Ohio federal court petition seeking to enforce summonses for documents in the case.
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October 04, 2024
Justices Accept Ex-Chicago Alderman's False Statement Case
The U.S. Supreme Court said Friday that it would review the conviction of an ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman under a federal statute that prohibits making false statements to influence certain financial institutions.
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October 04, 2024
Taxation With Representation: Gibson Dunn, Weil, Simpson
In this week's Taxation with Representation, DirectTV buys EchoStar's video business for $10 billion, Marsh McLennan inks a $7.75 billion deal for McGriff Insurance, and PepsiCo closes a $1.2 billion deal to purchase Siete Foods.
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October 04, 2024
Weekly Internal Revenue Bulletin
The Internal Revenue Service's weekly bulletin, issued Friday, included proposed regulations that would define which electric vehicle charging ports and other similar infrastructure that taxpayers can build in underserved communities to qualify for a tax credit.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
US Partnership Excluded From Tax Treaty, Irish Court Says
A Delaware corporation with three Irish subsidiaries must pay Irish taxes on distributions to its U.S. partners because a U.S.-Ireland tax treaty designed to prevent double taxation does not apply, the Irish High Court ruled.
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October 03, 2024
Assisted Living Owner Can't Deduct Losses, Tax Court Says
The owner of an assisted living company may not deduct passive losses for a group home he renovated because he spent too few hours working on repairs to qualify as a real estate professional, the U.S. Tax Court ruled Thursday.
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October 03, 2024
TIGTA Says $12.9B In Early Distributions Missing Added Tax
Roughly 2.8 million taxpayers in 2021 received early retirement distributions totaling $12.9 billion but did not pay the additional 10% tax or file for an exception, the Treasury Inspector General for Tax Administration said Thursday.
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October 03, 2024
Bankruptcy Doesn't Pause Tipster's Case, Tax Court Says
A tax tipster's bankruptcy filing doesn't pause his U.S. Tax Court case challenging the Internal Revenue Service's denial of his request for a whistleblower award, the Tax Court ruled Thursday, saying the award case doesn't concern his tax liability.
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October 03, 2024
IRS Expanding Scope Of Free Online Tax-Filing Program
The Internal Revenue Service will expand its free online tax-filing program to accommodate more types of income, credits and deductions in 2025, Commissioner Daniel Werfel said Thursday.
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October 03, 2024
3M Tells 8th Circ. Chevron's End Dooms IRS In $24M Dispute
Multinational conglomerate 3M said Thursday that the U.S. Supreme Court's striking down of Chevron deference dictates that the Eighth Circuit overturn a U.S. Tax Court decision that supported the IRS' reallocation of $24 million from the company's Brazilian affiliate.
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October 03, 2024
IRS Used $2B Of Funding Boost For Operating Expenses
The IRS has used $2 billion of the funding boost it received under the Inflation Reduction Act to supplement its annual funding, according to the Treasury Inspector General for Tax Administration.
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October 03, 2024
IRS Missing Out On $1.4B In Taxes On Gambling Winnings
The Internal Revenue Service's failure to enforce income tax filing requirements for recipients of a form to report gambling winnings has cost it an estimated roughly $1.4 billion in additional tax revenue, the Treasury Inspector General for Tax Administration said Thursday.
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October 03, 2024
IRS Issues Part-Time Worker 403(b) Retirement Plan Guidance
The Internal Revenue Service and U.S. Treasury Department published guidance Thursday on how long-term, part-time employees' Internal Revenue Code Section 403(b) retirement plans will be affected by the Secure 2.0 Act of 2022, which will apply to such plans starting in 2025.
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October 03, 2024
K&L Gates Boosts Houston Shop With Ernst & Young Tax Ace
K&L Gates LLP strengthened its Houston office this week with the hire of a tax partner with nearly three decades of expertise in advising multinational corporations on U.S. taxation on cross-border acquisitions and other transactions.
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October 03, 2024
Calif. Can't Delay Bank's $20.7M Tax Refund, FDIC Tells Court
A California tax collection agency shouldn't be allowed to delay a $20.7 million tax refund it owes the shuttered Signature Bank, the Federal Deposit Insurance Corp. told a New York federal court, saying that as the bank's receiver, it's entitled to the money now.
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October 03, 2024
Tax Deadlines Delayed For Victims Of Wash. Reservation Fires
Taxpayers on the Yakama Nation's reservation in Washington state will have until Feb. 3 to file individual and business tax returns and make payments following wildfires, the Internal Revenue Service said Thursday.
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October 03, 2024
Ch. 7 Invalidates $4M Worker Retention Credit Suit, Gov't Says
A road construction company can't sue the Internal Revenue Service for a tax refund for pandemic-era worker credits because its claims stemmed from Chapter 7 bankruptcy proceedings, the federal government told a Florida federal court.
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October 02, 2024
NY Man Posed As Exec To Steal $810K Tax Refund, Feds Say
A New York man has been charged with intercepting an unnamed Connecticut investment firm's $810,337 tax refund and then impersonating an executive of the company to steal most of it.
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October 02, 2024
IRS Makes Progress On Retention Credit Fraud, TIGTA Says
The IRS has made multiple improvements to address false claims for the COVID-19-era employee retention credit, including updating messaging and beefing up certain tax return filters to identify problematic claims, but there is still room for improvement, the Treasury Inspector General for Tax Administration said Wednesday.
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October 02, 2024
Stopgap Gov't Funding Law May Hinder IRS Improvements
The IRS may need to redirect funds from its 2022 funding boost intended for agency improvements in order to cover routine operations, reducing funds available for planned upgrade projects, due to the stopgap appropriations bill Congress passed last week.
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October 02, 2024
9th Circ. Upholds 14 Years For Ex-Deputy's Tax, Fraud Crimes
A former sheriff's deputy who was ordered to pay $7.6 million in restitution and sentenced to 14 years in prison for tax crimes and wire fraud lost his bid to vacate his sentence Wednesday when the Ninth Circuit decided he wasn't unfairly denied a new attorney.
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October 02, 2024
IRS Says European Energy Exchange Is A Qualified Exchange
The European Energy Exchange is a qualified board or exchange for purposes of mark-to-market contracts under Internal Revenue Code Section 1256(g)(7)(C), the Internal Revenue Service said Wednesday.
Expert Analysis
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Unpacking The Proposed Production Tax Credit Regulations
Recently proposed tax regulations for claiming the U.S. clean-energy manufacturers' production credit under Internal Revenue Code Section 45X are less stringent than many had feared but fail to define a fundamental eligibility requirement, say Casey August and Jared Sanders at Morgan Lewis.
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10 Considerations For Litigating A New York Tax Case
While some of New York’s recently adopted corporate tax regulations are likely to face legal challenges, aggrieved taxpayers should answer certain questions before deciding to embark on the tax litigation process, say Cyavash Ahmadi and Jeffrey Friedman at Eversheds Sutherland.
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Charting The Course For Digital Assets In 2024
Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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How 'As Such' Changes LPs' Self-Employment Tax Exposure
In light of the U.S. Tax Court’s recent Soroban Capital Partners decision hinging on "as such" to define the statutory limited partners exemption, state law limited partnerships should consider partners' roles and responsibilities before determining whether they are obligated to pay self-employment income tax, say attorneys at Morgan Lewis.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.