More Clouds on the Horizon for Micro Captives and Syndicated Conservation Easements, as the IRS unveils the Newly-Established Office of Promoter... [ read ]
Yesterday, the Internal Revenue Service announced the establishment of the IRS Office of Promoter Investigations. The new office will further expand on the efforts of the Promoter Investigations Coordinator that began last summer and will continue to focus on micro captives and syndicated conservation easements.
Texans, You (Probably) Didn't Miss Your 2020 Federal Tax Return Filing Deadline; Here's What You Need to Know... [ read ]
As mentioned in a prior blog post, 2020 tax year federal tax filing deadlines for Texans were postponed. As a result of the February 2021 winter storm that wreaked havoc on Texas, the IRS announced in late February that victims of the storm would have until June 15, 2021 to file various federal tax returns, and make relevant payments. Pursuant to IRS guidance, affected taxpayers include individual and business residents of all 254 counties in Texas.
IRS Attempts to Use its latest Judicial Win to Scare Micro-Captive Participants into Submission... [ read ]
On the heels of its fourth judicial win in Tax Court, today the IRS urged participants in allegedly abusive micro-captive insurance arrangements to exit these transactions as soon as possible. For many taxpayers, this approach is akin to throwing the baby out with the bathwater, as contrary to the IRS' belief, not every micro-captive arrangement is abusive.
Missteps in Filing a Tax Return Come Back to Haunt the Taxpayer and Her Representative... [ read ]
In prior blog posts, I discussed the mailbox rule and filing tax returns with the IRS. A recent case in Michigan reiterates the lesson discussed in that blog post about always using certified or registered mail if a tax return is mailed to the IRS. In addition, the Michigan case confirms that a taxpayer should always file a tax return in the manner described by the Internal Revenue Code and regulations, and not file it with an IRS representative not authorized to receive a return.
UNCLE SAM WANTS TO KNOW: WHO ARE YOUR OWNERS? (UPDATED 3-4-21)... [ read ]
The 2021 year has brought many new developments, including, and most importantly, a new federal law that will require small, privately-owned companies to report their ultimate individual owners to the federal government. This new law, which was enacted on January 1, 2021, is known as the Corporate Transparency Act ("CTA").
TEXAS TAXPAYERS GET A TAX FILING AND PAYMENT BREAK... [ read ]
The Internal Revenue Service has just announced (IR 2021-43) that taxpayers living in Texas are given an extension until June 15, 2021, to file their 2020 tax returns. The extension also applies to tax payments due between February 11 and June 15, 2021.
Another Tax Court case involving the Danielson Rule and this Time the Taxpayer Wins... [ read ]
In a prior blog post, I discussed a Tax Court memorandum opinion in Watts v. Comm'r, 2020-144, in which the Tax Court cited to the Danielson rule in holding for the IRS. The last line of that blog post reads, "The lesson from Watts and Danielson is that a taxpayer who attempts to disavow the tax consequences of an arm's length agreement will face a significant uphill battle." Well, only a few months later, the taxpayer in another Tax Court memorandum opinion, Complex Media Inc. v. Commissioner, T.C. Memo 2021-14, prevailed in that uphill battle and convinced the Tax Court that the taxpayer could disavow and recharacterize the form of a transaction.
To Tax or Not to Tax: Should PPP Loans That Are Forgiven Under Federal Law Be Subject to the Texas Franchise Tax?... [ read ]
Among the many issues confronting taxpayers, legislators and the Texas Comptroller related to COVID-19 is whether Paycheck Protection Program (PPP) loans forgiven pursuant to federal law should be subject to the Texas franchise tax.
Timely Filed IRS Documents and the Mailbox Rule... [ read ]
In a prior blog post, I discussed when the statute of limitation for the IRS assessing tax starts. The simple answer is, the statute of limitations starts when the tax return is filed. I recently read a case, Taha v. United States, which is being appealed by the taxpayer to the Federal Circuit Court of Appeals and involves a refund claim, the statute of limitations and the common law "mailbox rule".
When Does the Statute of Limitations for Assessing Tax Start?... [ read ]
I thought I would blog about a couple of December 2020 tax cases, decided within five days of each other, that involved taxpayers arguing that the IRS was time barred from assessing tax because the statute of limitations had run. In both cases, the IRS argued an assessment of tax was not time barred because the taxpayer had failed to file the required tax returns. In one case, Quezada v. IRS , the Fifth Circuit held in favor of the taxpayer, and in the other, Coffey v. Commissioner, the Eighth Circuit held in favor of the IRS.
