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Court of Appeals

CA-1 finds its standards for examining agents in summons cases largely unaltered by Clarke

CA-1 finds its standards for examining agents in summons cases largely unaltered by Clarke

Gangi, et al, v. U.S., (CA 1 3/30/2016) 116 AFTR 2d ¶2016-573 The Court of Appeals for the First Circuit, affirming a district court, has determined that its standard for determining whether a taxpayer is entitled to examine an IRS employee’s motive for issuing a summons is, for purposes of the instant case, consistent with […]

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Seventh Circuit lambasts Tax Court on its hobby loss analysis in horse racing decision

Seventh Circuit lambasts Tax Court on its hobby loss analysis in horse racing decision

Roberts v. Comm., (CA 7, 4/10/2016) 117 AFTR 2d ¶ 2016-629 The Court of Appeals for the Seventh Circuit, reversing the Tax Court, has concluded that a taxpayer’s horse racing activities were entered into for profit. The Court characterized the Tax Court decision as untenable, in that it in effect concluded that a business’s start-up […]

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Court of Appeals affirms – corporation’s welfare benefit fund was a listed transaction

Court of Appeals affirms – corporation’s welfare benefit fund was a listed transaction

Vee’s Marketing, Inc., (CA7 3/14/2016) 117 AFTR 2d ¶2016-512 The Court of Appeals for the Seventh Circuit, affirming a district court opinion, has held that an S corporation participated in a 10-or-more employer welfare benefit fund that was the same as or substantially similar to the arrangement described in Notice 95-34, 1995-1 CB 309, a […]

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Court of Appeals approves sale of home to satisfy one spouse’s tax liability

Court of Appeals approves sale of home to satisfy one spouse’s tax liability

U.S. v. Davis, (CA 6 3/9/2016) 117 AFTR 2d ¶ 2016-499 The Court of Appeals for the Sixth Circuit, affirming a district court, has concluded that IRS could enforce its tax lien and sell the primary residence owned by the taxpayer and her tax-delinquent husband. The Court rejected the argument of the taxpayer, who did […]

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Court of Appeals – applying Supreme Court’s standards, Court finds no IRS bad faith and enforces summonses

Court of Appeals – applying Supreme Court’s standards, Court finds no IRS bad faith and enforces summonses

Clarke, (CA 11 3/15/2016) 117 AFTR 2d ¶ 2016-514 The Court of Appeals for the Eleventh Circuit, affirming a district court case heard on remand, has applied standards provided by the Supreme Court and held that taxpayers who received IRS summonses did not make a showing of facts that gave rise to a plausible inference […]

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Court of Appeals – IRS can’t withhold names, etc. of tax-exempt status applicants from tea party groups

Court of Appeals – IRS can’t withhold names, etc. of tax-exempt status applicants from tea party groups

NorCal Tea Party Patriots, (CA 6 3/22/2016) 117 AFTR 2d ¶ 2016-525 The Court of Appeals for the Sixth Circuit has denied IRS’s petition for a writ of mandamus that would have permitted IRS to deny access by a Tea Party group to information in IRS’s files about the names, addresses and taxpayer identification numbers […]

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IRS must provide taxpayers a pre-assessment determination of responsible person penalty

IRS must provide taxpayers a pre-assessment determination of responsible person penalty

Romano-Murphy, (CA 11 3/7/2016) 117 AFTR 2d ¶ 2016-492 The Court of Appeals for the Eleventh Circuit, vacating and remanding a Tax Court decision, has held that Code Sec. 6672(b)(3)(B) — which provides for an extension of the statute of limitations on assessment where the taxpayer protests IRS’s preassessment determination of liability with respect to […]

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Court rejects taxpayer argument that IRS waived formal refund claim requirement

Court rejects taxpayer argument that IRS waived formal refund claim requirement

Green, (CA 10 2/18/2016) 117 AFTR 2d ¶ 2016-434 The Court of Appeals for the Tenth Circuit, affirming a district court opinion, has rejected a taxpayer’s argument that IRS waived the requirement that she file a formal refund claim. The Court cited both the doctrine of claim preclusion and the fact that she didn’t meet […]

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Court of Appeals for the First Circuit joins other circuits in holding that IRS can compel production of foreign bank records

Court of Appeals for the First Circuit joins other circuits in holding that IRS can compel production of foreign bank records

U.S. v. Chen, (CA 1 02/29/2016) 117 AFTR 2d ¶2016-469 The Court of Appeals for the First Circuit, joining the other seven Courts of Appeal to have ruled on the issue, has held that the “required records” exception to the Fifth Amendment privilege against self-incrimination applies to allow IRS to summon foreign bank account records […]

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Colorado can enforce its ‘Amazon tax’ law – U.S. appeals court

Colorado can enforce its ‘Amazon tax’ law – U.S. appeals court

(Reuters) – A federal appeals court endorsed a Colorado law designed to make it easier for the state to collect sales taxes on out-of-state purchases made over the Internet. Monday’s decision by the 10th U.S. Circuit Court of Appeals in Denver reversed a lower court ruling that blocked Colorado from enforcing its so-called “Amazon tax” […]

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Washington Alert – IRS appeals loss in Altera Corp.; IRS Whistleblower Awards on the rise; Reminder for Health Coverage Tax Credit; IRS’s Collection function was responsible for generating $35.7 billion in revenue during FY 2015

Washington Alert – IRS appeals loss in Altera Corp.; IRS Whistleblower Awards on the rise; Reminder for Health Coverage Tax Credit; IRS’s Collection function was responsible for generating $35.7 billion in revenue during FY 2015

IRS has appealed its loss in Altera Corp, (2015) 145 TC No. 3, to the Ninth Circuit. In the earlier case, the Tax Court invalidated the requirement in 2003 final regs that related parties entering into qualified cost sharing arrangements are required to share stock-based compensation costs under Code Sec. 482. The Tax Court held […]

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Court of Appeals – “one examination” rule doesn’t apply where second exam is for different tax year

Court of Appeals – “one examination” rule doesn’t apply where second exam is for different tax year

Titan International, Inc., (CA 7 2/1/2016) 117 AFTR 2d ¶ 2016-389 The Court of Appeals for the Seventh Circuit, affirming a district court opinion, has held that Code Sec. 7605(b)’s rule that limits IRS to one inspection of a taxpayer’s books of account for each tax year, does not apply when IRS seeks already-inspected records […]

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Fifth Circuit finds passive loss self-rental rule applies to S corporation lessors

Fifth Circuit finds passive loss self-rental rule applies to S corporation lessors

Williams v. Comm., (CA 5 2/2/2016) 117 AFTR 2d ¶ 2016-393 The Court of Appeals for the Fifth Circuit, affirming the Tax Court, has ruled that although the passive activity loss rules in Code Sec. 469 don’t explicitly say that they apply to S corporations, those rules, and specifically the passive loss self-rental rule which […]

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First Circuit upholds corporate officers’ responsible person status

First Circuit upholds corporate officers’ responsible person status

Schiffmann v. U.S., (CA 1 1/29/2016) 117 AFTR 2d ¶2016-386 The Court of Appeals for the First Circuit has upheld a district court’s determination that two officers of a corporation, that was years behind on its income and payroll taxes, were liable for the Code Sec. 6672 penalty. The Court found that both individuals, within […]

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Court of Appeals – Courts need not accept either party’s position when valuing property

Court of Appeals – Courts need not accept either party’s position when valuing property

Palmer Ranch Holdings Ltd., (CA 11 2/5/2016) 117 AFTR 2d ¶ 2016-395 The Court of Appeals for the Eleventh Circuit has affirmed a Tax Court determination as to the highest and best use of property that was subject to an easement, but disagreed with the value that the lower court assigned to that highest and […]

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Court of Appeals – rent payments to shareholder by corporation engaged in hobby were taxable

Court of Appeals – rent payments to shareholder by corporation engaged in hobby were taxable

Estate of Stuller, (CA 7 1/26/2016) 117 AFTR 2d ¶ 2016-379 The Court of Appeals for the Seventh Circuit, affirming a district court opinion, has held that the activities conducted by an S corporation were not a trade or business and that the corporation was therefore subject to the limitations on deductible hobby losses. The […]

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Court of Appeals 9th Circuit – IRS breach of partnership closing agreement didn’t invalidate partner tax assessment

Court of Appeals 9th Circuit – IRS breach of partnership closing agreement didn’t invalidate partner tax assessment

Davis, (CA 9 1/25/2016) 117 AFTR 2d ¶ 2016-368 The Court of Appeals for the Ninth Circuit, reversing a district court decision, has upheld IRS’s assessment of taxes on a partner with respect to partnership items, even though IRS breached a clause in its closing agreement with the partnership. The Court also rejected the partner’s […]

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Ninth Circuit finds dental practice’s “management fees” weren’t deductible

Ninth Circuit finds dental practice’s “management fees” weren’t deductible

Elick v. Comm., (CA 9 1/6/2016) 116 AFTR 2d ¶ 2016-345 The Court of Appeals for the Ninth Circuit, affirming the Tax Court, has determined that a dental practice wasn’t entitled to deduct purported management fees paid to a related entity. The fees weren’t ordinary and necessary within the meaning of Code Sec. 162; there […]

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Supreme Court won’t review case on IRS’s designation of hearing request as frivolous

Supreme Court won’t review case on IRS’s designation of hearing request as frivolous

Ryskamp, (CA DC 8/14/2015) 116 AFTR 2d 2015-5614, cert denied 1/11/2016 The Supreme Court has declined to review a decision of the Court of Appeals for the District of Columbia Circuit which held that Code Sec. 6330(g)’s prohibition of further review of frivolous requests for a collection due process (CDP) hearing does not preclude the […]

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Court of Appeals: over-the-counter foreign currency options were Code Sec. 1256 contracts

Court of Appeals: over-the-counter foreign currency options were Code Sec. 1256 contracts

Wright v. Comm., (CA 6 1/7/2016) 117 AFTR 2d ¶ 2016-319 The Court of Appeals for the Sixth Circuit, reversing the Tax Court, has held that over-the-counter foreign currency options entered into by a taxpayer qualified as Code Sec. 1256 foreign currency contracts. Accordingly, the mark-to-market rules applied, allowing the taxpayer to claim a significant […]

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Meet Paul Raymond

Meet Paul Raymond

Mr. Raymond is a sought after speaker in tax controversy law by many attorney, accountant, and business groups and at the request of the Internal Revenue Service, has presented programs at the IRS Nationwide Tax Forum, attended by tax professionals throughout the United States.

Additionally, he continues to be an active member in the Section of Taxation, American Bar Association, where he was the Past Chair of the Employment Taxes Committee.

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Member CA Bar Member Orange County Bar US Tax Court Attorney