Congress May Soon Overrule the IRS on Crypto Taxation; What Should Taxpayers Do?... [ read ]
Earlier this year, I wrote about Jarrett v. United States, No. 3:21-cv-00419 (M.D. Tenn.), a case in which a crypto taxpayer rejected a complete government concession of a lawsuit. At issue in the case was whether the taxpayer's cryptocurrency staking rewards were immediately taxable. Presumably, the taxpayer was motivated by a desire to have a court publicly address the issue—which still has not occurred. To this date, there is no clear rule—let alone a clear signal from the IRS about how it views the issue—that dictates whether staking rewards are or are not immediately taxable.
Part Two: Are Tax Returns Given to an IRS Agent Considered Filed?... [ read ]
In 2015, I wrote a blog post with this same title (here) concluding that based on case law, a tax return that is given to a representative of the IRS is not considered filed and, therefore, the statute of limitations does not start. I followed that up with a blog post (here) last year discussing a case which confirmed that tax returns are not considered filed if merely given to an IRS representative. Furthermore, in 2015 the 9th Circuit reversed a CPA's convictions for tax evasion because "filing" is an element of tax evasion and the CPA handed his fraudulent tax returns to the IRS agent instead of filing them. United States v. Boitano
March Tax Blog... [ read ]
This blog post summarizes a few noteworthy court decisions released in March 2022 that pertain to federal tax matters.
A Unanimous Supreme Court Delivers Important Taxpayer Victory... [ read ]
It is not every day that the Supreme Court hears a federal tax case. Of the issues the Court deals with, tax issues are usually low on the list. But the Court did hear a case earlier this year and on April 21, 2022 the Court issued its opinion. The ramifications could be huge.
Some CRATs are CR*P, So Sayeth the IRS and Department of Justice... [ read ]
In a February blog post, IRS Sends a Shot Across the Bow to Taxpayers With Grantor-Retained Annuity Trusts, I discussed the IRS blowing up a taxpayer's GRAT planning and sending a message to taxpayers and tax professionals. Soon after, another message was sent when the Justice Department filed a civil complaint in a Missouri District Court accusing five individuals and two LLCs of promoting an abusive tax scheme involving charitable remainder annuity trusts (CRATs) to eliminate capital gains taxes.
Tax Court Determines That Officer-Shareholder Compensation is Not Reasonable... [ read ]
In a recent memorandum decision, Clary Hood Inc. v. Commissioner, T.C. Memo. 2022-15, the Tax Court considered the issue of reasonable compensation to an owner/executive of a construction company. Unfortunately, the Tax Court held that the company failed to establish how the amount it deducted as compensation for its CEO and shareholder was both reasonable and paid solely as compensation for his services. To add insult to injury, the Tax Court held the company liable for an accuracy-related penalty for one of the years under consideration.
Texas Comptroller Streamlines Process for Requesting Certificates of No Tax Due with Introduction of New Form... [ read ]
Beginning today, March 15, 2022, anyone requesting a Certificate of No Tax Due from the Texas Comptroller must now use Form 86-114 Joint Request for Certificate of No Tax Due to make the request. This is a change from the prior procedure, which allowed for informal requests by emailing very limited information to a dedicated Comptroller email address.
Supreme Court Asked to Weigh in on FBAR Penalty Circuit Split: Fifth or Ninth? Boyd or Bittner? Per Form or Per Account? Inquiring Minds Want to Know!!!... [ read ]
The Supreme Court passes on most of the cases it is invited to decide, but appellate court splits are often the key to a Supreme Court opinion. Following the 5th Circuit Court of Appeals holding in United States v. Bittner, there now exists a divide among the 5th Circuit and 9th Circuit in the determination of the penalty that can be levied by the IRS when a taxpayer non-willfully fails to report offshore accounts on an FBAR. Mr. Bittner has requested that the Supreme Court settle the circuit court dispute.
January Tax Decisions... [ read ]
This blog post summarizes a few noteworthy court decisions released in January 2022 that pertain to federal tax matters.
IRS Sends a Shot Across the Bow to Taxpayers With Grantor-Retained Annuity Trusts... [ read ]
An IRS legal memorandum involving a grantor-retained annuity trust (GRAT) released on December 30, 2021, should be a wake-up call to taxpayers and tax professionals. The memorandum blows up the taxpayer's GRAT by determining that the business asset held in the taxpayer's GRAT was egregiously undervalued allowing the IRS to disregard the GRAT and treat the entire transfer of assets to the trust as an outright gift. Not surprisingly, there are some unique and difficult facts regarding the GRAT and asset at issue, but it is a reminder of the importance of a good valuation and dotting all the I's and crossing all the T's when doing complex tax planning.
