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Refund

Tax Tip – Check Refund Status Online With Where’s My Refund?

Tax Tip – Check Refund Status Online With Where’s My Refund?

Tax Time Guide: Check Refund Status Online With Where’s My Refund? IRS YouTube Videos When Will I Get My Refund?:  English | Spanish | ASL WASHINGTON — The Internal Revenue Service today reminded taxpayers that they can quickly check the status of their tax return and refund through “Where’s My Refund? on IRS.gov. This is the sixth in a series of […]

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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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District Court – IRS agreement to limit scope of deficiency assessment didn’t help taxpayer’s refund suit

District Court – IRS agreement to limit scope of deficiency assessment didn’t help taxpayer’s refund suit

Hamilton, (DC CO 1/13/2016) 117 AFTR 2d ¶ 2016-341 A district court has held that IRS’s agreement to limit any adjustments it made to taxpayer’s tax to those related to charitable deductions, as a condition to extending the statute of limitations for assessment, didn’t impose similar limitations on the court in determining whether the taxpayer […]

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Washington Alert – Swiss Bank Program & HSZH Verwaltungs AG , GAO faults SB/SE audits, IRS issues refunds fast

Washington Alert – Swiss Bank Program & HSZH Verwaltungs AG , GAO faults SB/SE audits, IRS issues refunds fast

The Justice Department (DOJ) announced on Jan. 27 that it had reached its final non-prosecution agreement under the so-called Category 2 component of the Swiss Bank Program. HSZH Verwaltungs AG reached a resolution that requires the bank to pay a penalty of $49.8 million. Since last March, when the first non-prosecution agreement was made public, […]

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Refund allowed due to election to deduct foreign income taxes freeing up NOL carryback

Refund allowed due to election to deduct foreign income taxes freeing up NOL carryback

Chief Counsel Advice 20154010, Chief Counsel Advice 20154011 In Chief Counsel Advice (CCA), IRS has concluded that a taxpayer’s claim for refund was timely because the taxpayer made a Code Sec. 901 election to deduct foreign taxes paid within the 10-year period under Code Sec. 6511(d)(3)(A), and the taxpayer filed its claim for refund based […]

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Corporation’s untimely refund claim not saved by informal refund or waiver doctrines

Corporation’s untimely refund claim not saved by informal refund or waiver doctrines

Chief Counsel Advice 201540012 In Chief Counsel Advice (CCA), IRS has determined that a corporation’s refund claim stemming from foreign tax credits (FTCs) was untimely under Code Sec. 6511(d)(3)(A), where it was filed more than 10 years after the return for that year was originally due. IRS further concluded that the corporation failed to satisfy […]

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Taxpayer producing “unit doses” of medication qualified for the Sec. 199 deduction

Taxpayer producing “unit doses” of medication qualified for the Sec. 199 deduction

Precision Dose, (DC Il 9/24/2015) 116 AFTR 2d ¶ 2015-5272 In a refund suit, a district court has concluded that a taxpayer that produced “unit doses” of medication qualified for the domestic production activities deduction (DPAD) under Code Sec. 199. The court, rejecting IRS’s contention that the taxpayer was merely engaged in repackaging, determined that […]

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Court of Appeals, Federal Circuit holds refund claim for disputed foreign credits time-barred

Court of Appeals, Federal Circuit holds refund claim for disputed foreign credits time-barred

Albemarle Corp. v. U.S., (CA Fed Cir 3/13/2015) 116 AFTR 2d ¶2015-5141 Affirming the Court of Federal Claims, the Court of Appeals for the Federal Circuit has held that when foreign taxes are contested, the 10-year limitations period in Code Sec. 6511(d)(3)(A) for filing claims for foreign tax credits begins with date for filing the […]

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No refund to taxpayers who attempted to unilaterally change accounting method

No refund to taxpayers who attempted to unilaterally change accounting method

Greiner v. U.S., (Ct Fed Cl 07/22/2015) 116 AFTR 2d ¶2015-5075 The Court of Federal Claims has denied a couple’s claim for refund based on their attempt to retroactively recharacterize certain payments as capital gain. The court found that the taxpayers had adopted the open transaction approach with respect to a series of future, contingent […]

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Final refund claim procedural regs make minor changes to proposed regs

Final refund claim procedural regs make minor changes to proposed regs

T.D. 9727, 07/23/2015; Reg. § 301.6402-2, Reg. § 301.6402-3, Reg. § 301.6402-4 IRS has issued final regs on various procedural aspects of filing refund claims, including which form to use and exactly where the form should be filed, that make only minor changes to proposed regs that were issued in 2011. Statutory background. Code Sec. 6402 […]

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Court of Appeals – Different positions in two tax years didn’t meet “inconsistent position” mitigation requirement

Court of Appeals – Different positions in two tax years didn’t meet “inconsistent position” mitigation requirement

Illinois Lumber and Material Dealers Association Health Insurance Trust, (CA 8 7/23/2015) 116 AFTR 2d ¶2015-5079 The Court of Appeals for the Eighth Circuit has held that the fact that IRS held a position in a closed tax year that was inconsistent with a position that it held in an open tax year was insufficient […]

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IRS explains application and procedural aspects of erroneous refund claim penalty

IRS explains application and procedural aspects of erroneous refund claim penalty

Program Manager Technical Advice 2014-015 In Program Manager Technical Advice (PMTA), IRS has explained various aspects of the Code Sec. 6676 erroneous refund/credit claim penalty, including when, as a practical matter, it does and doesn’t apply and whether it is subject to deficiency procedures. Background. If a claim for refund or credit of income tax […]

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IRS to return test fees paid by preparers for invalidated preparer program

IRS to return test fees paid by preparers for invalidated preparer program

IRS has announced that it will be refunding the fees that return preparers paid for the Registered Tax Return Preparer (RTRP) test which was part of a return preparer program that a court determined IRS didn’t have the authority to mandate. Click here for IRS’s “Registered Tax Return Preparer Test Fee Refunds” (May 21, 2015). […]

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Tax Court Couldn’t Refund Nonfilers’ Taxes Paid More Than 2 Years Before Deficiency Notice

Tax Court Couldn’t Refund Nonfilers’ Taxes Paid More Than 2 Years Before Deficiency Notice

Dan Butts, TC Memo. 2015-74 Where taxpayers failed to file a return before IRS mailed a deficiency notice, the Tax Court has concluded, following the Supreme Court’s Lundy decision, that under Code Sec. 6512(b)(3)(B), a 2-year look-back period, measured from the date of mailing of the notice of deficiency, applied in determining whether a refund of an […]

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CCA explains what payments are subject to the refund lookback limitation

CCA explains what payments are subject to the refund lookback limitation

Chief Counsel Advice 201429023 An IRS Chief Counsel Advice (CCA) explains what payments may be refunded to a taxpayer who is subject to Code Sec. 6511(b)(2), which limits the amount that may be refunded to the taxes paid within a two- or three-year lookback period. As the CCA explains, taxes include penalties and interest for […]

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Court invalidates reg that bans contingent fee arrangements for preparing refund claims

Court invalidates reg that bans contingent fee arrangements for preparing refund claims

Ridgely v. Lew, (DC DC 7/16/2014) 114 AFTR 2d ¶ 2014-5069 Relying heavily on the decision of the Court of Appeals for the District of Columbia in Loving v. IRS, (CA DC 02/11/2014) 113 AFTR 2d 2014-867, the district court for the District of Columbia has found that Sec. 10.27 of Circular 230, to the […]

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Court rejects estate’s attempt to get a refund of estate tax it claimed was overpaid

Court rejects estate’s attempt to get a refund of estate tax it claimed was overpaid

Estate of Donald McNeely, (DC MN 06/12/2014) 113 AFTR 2d ¶ 2014-930. A district court has denied an estate’s attempt to get a refund of what it claimed was an overpayment of the portion of the estate tax that was not deferred under Code Sec. 6166. Because the payment was made before Code Sec. 6166 […]

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Case: Mitigation rule brings policyholder tax refund from insurance company demutualization

Case: Mitigation rule brings policyholder tax refund from insurance company demutualization

Illinois Lumber and Material Dealers Association Health Insurance Trust, (DC MN 4/30/2014) 113 AFTR 2d ¶2014-787.  A district court has rejected a taxpayer’s argument that the statute of limitations for filing a refund claim didn’t apply to it. But the taxpayer was successful in arguing that the mitigation rules of Code Sec. 1311 – Code […]

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Tax Court upholds jurisdiction to determine status of refunds and if deficiency procedures apply

Tax Court upholds jurisdiction to determine status of refunds and if deficiency procedures apply

In Sotiropoulos v. Commissioner, (2014) 142 TC No. 151, the Tax Court has determined that it had jurisdiction to consider whether certain payments received by a U.S. citizen working abroad from a foreign taxing authority were in fact refunds under Code Sec. 905(c)(1)(C). IRS argued that the amounts were refunds and that it had the […]

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No refund of employment taxes figured under pay equalization plan

No refund of employment taxes figured under pay equalization plan

In Chief Counsel Advice (CCA) 201414019, IRS has concluded that an employer wasn’t entitled to a refund of employment taxes that it paid under a plan to equalize the wages of its overseas workers. The CCA found that, under the arrangement, the employer was effectively determining and withholding employment taxes on a grossed-up amount of […]

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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