Adjustments Stemming from IRS Settlements

Generally, when it comes to civil matters, state and Federal law includes various “statutes of limitations” and “discovery rules.” The statute of limitations rules say that a claim has to be filed within a certain time period. The discovery rules say that the time period for the statute starts to run when the claim is…

Common Law Mailbox Rule Fails (Again)

In legal disputes, there are times when parties make representations that are not true. That includes the IRS and its auditors and attorneys. If the taxpayer is lucky, they will have direct evidence that shows that the representation is false. There are situations where the law does not allow that evidence to be considered. There…

Enough is Enough, But An Amended Tax Return is Not

Enough Is Enough, But An Amended Tax Return Is Not

The process for reporting taxes can be more difficult than discerning whether a tax provision applies. This complexity stems from the level of information is required to be reported. The IRS reporting requirements continue increase every year. The IRS’s decision to require partnership tax capital accounts is an example. Why is that information required and…

Is an IRS Audit Report an Informal Claim for Refund?

Raising A Tax Issue For The First Time In Court

Amended returns generally have to be filed to recoup overpayments of tax. What counts as a refund claim is open to interpretation, as the courts have allowed a myriad of written documents to qualify. But what about the IRS report itself? If it includes a taxpayer-favorable adjustment, is the report itself an informal refund claim?…

Does an IRS Appeals Protest Count as a Refund Claim?

Raising A Tax Issue For The First Time In Court

Taxpayers generally have to submit refund claims to recoup taxes paid to the IRS. The law generally says that these claims have to be in writing, but not necessarily on the IRS’s official forms. Taxpayers submit a number of documents to the IRS. Written protests submitted to the IRS are an example. Can such a…

The Dilemma: File A Timely or An Accurate Tax Return?

Court Clarifies Inventory Capitalization Rules For Producers

If you have an ongoing dispute with the IRS for one or more years and the outcome of that dispute will impact the current year, can you take a wait-and-see approach for filing the current year’s tax return?    Or should you wait to file an amended tax return after the audit? The Namakain v.…

Amending Tax Returns for FTC and NOL Carrybacks

Amending Tax Returns For Ftc And Nol Carrybacks

The time limits for filing amended tax returns can present a number of difficult questions.  This is particularly true when tax attributes, such as foreign tax credits and net operating loss deductions, are carried back to prior years.  The carryback to one prior year can result in carrybacks to one or more years prior to…

U.S. Foreign Tax Credit Not Impacted by Repayment of Foreign Tax Refund

U.s. Foreign Tax Credit Not Impacted By Repayment Of Foreign Tax Refund

The tax assessment and collection process in most foreign countries is markedly different than the process in the U.S. These differences can present a number of challenges for U.S. citizens who reside in foreign countries. In Sotiropoulos v. Commissioner, T.C. Memo. 2017-75, the court considered one of these challenges, namely, how does one determine whether…

Taxpayer Retains Right to Tax Refund Claims Despite Bankruptcy Discharge

S Corporation Owner Subject To Self-employment Tax

The bankruptcy-tax rules can present a number of opportunities. In Martin v. United States, Case No. 3:13-CV-03130 (C.D. Ill 2017), the court concludes that the taxpayers retained the right to sue the IRS for substantial tax refunds for taxes that were overpaid prior to their bankruptcy, despite having discharged their debts in bankruptcy. Bankruptcy &…