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 Ninth Circuit Court of Appeals concluded that the IRS’s repeated violations of these laws does…
Tax Articles
Partnership Return Corrected by Amended 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 on appeal was whether a partnership tax return can be corrected by filing an amended…
Can Lump Sum Cash Payment Qualify as Alimony?
For taxpayers who pay alimony to an ex-spouse, the tax deduction for the alimony payment is usually quite large. It can significantly reduce their tax. But can a lump sum payment made in cash qualify for tax-deductible alimony? The court addressed this in Muñiz v. Commissioner, No. 15-14478 (11th Cir. 2016). Contents1 Facts & Procedural History2…
Proving that You Mailed a Tax Return to the IRS
How do you prove that you mailed a tax return to the IRS? This may sound like a simple question to answer. It isn’t. The have been and continue to be disputes involving this very issue. The recent In Re McGrew, No. 13-00149 (Bank. N.D. IA 2016) provides an example. Contents1 Facts & Procedural History2 Discharging…
Using an Installment Sale in Related Party Deal to Avoid Federal Tax
What if you could transfer depreciable assets from one legal entity that you own to another legal entity that you own, without reporting the gain from the sale until some future year, and still step up the tax basis in the assets due to the sale and taking increased depreciation deductions in the current year…
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 for a rewards program are deductible in the year the rewards are earned by the…
Is a Lawsuit Award Payment Taxable?
If you receive payments from a lawsuit settlement award, are the payments excluded from Federal income tax? What if the payments are for claims of emotional distress or physical sickness? The Tishkoff v. Commissioner, T.C. Summary Opinion 2016-65, case provides an opportunity to consider these rules. Facts & Procedural History The taxpayer worked for Wells Fargo…
Accuracy Related Penalties Do Not Apply to Full Understatement of Tax
In Hatcher v. Commissioner, T.C. Memo. 2016-188, the court considered a very common error IRS agents make in computing the Section 6662 accuracy related penalty. The IRS applied the penalty to the entire understatement of tax, rather than the portion of the understatement that was not subject to the reasonable cause defense. This is one…
How Long Do You Keep Your Tax Records?
Taxpayers often ask how long they have to keep their tax records. Many taxpayers only keep records for three to six years. In Reyonoso v. Commissioner, T.C. Memo. 2016-185, the court considered a case that turned on whether the taxpayer could produce records to support that he had made a mark-to-market election nearly twenty years…
The Impact of Filing a CPA Malpractice Case
The YA Global Investments, L.P. v. RSM McGladrey, Inc.Docket No. A-2152-15T3 (2016), case addresses the difficult situation whereby a taxpayer sues their CPA firm in state court for incorrect tax advice, while at the same time arguing that the tax advice and position is correct in the U.S. Tax Court. This situation arises given the…