By David Shakow The Supreme Court’s decision in Mayo Foundation for Medical Education and Research v. United States means that tax practitioners must be more sensitive to administrative law and judicial deference to administrative rules. This includes gaining some familiarity with the Administrative Procedure Act (APA) and the major cases that deal with judicial deference [...]
Archive for the ‘Administrative’ category
Who’s Afraid of the APA?: The Application Of Administrative Law To Tax Regulations
February 15, 2012Better Late than Never: IRS Radically Changes Aggregation Election Procedures in Passive Activity Cases
February 14, 2012By Hale Sheppard The tax code is best known for its strict rules, but it also features hundreds of taxpayer-favorable elections. The first step to evaluating and possibly taking advantage of these elections is being aware of their existence. Unfortunately, taxpayers and/or their advisors sometimes overlook an election or fail to follow the related procedures. [...]
Always Say Never: Does Financial Distress Create Reasonable Cause Sufficient To Abate Tax Penalties?
February 6, 2012By Hale Sheppard Nearly all taxpayers will face penalties by the IRS at some point, regardless of their sophistication level and size. Accordingly, tax practitioners, even those who claim not to get involved in traditional “collection” activities, must understand key aspects of abatement and collection procedures in order to effectively advise their clients. This is [...]
Silence Is Golden: Can Treasury Offer Guidance About The Tax Consequences Of A Euro Breakup?
January 23, 2012By Jonathan Prokup In this morning’s Tax Notes (subscription required), Jeremiah Coder addresses a topic that we at the Tax Blawg have discussed a couple of times over the past two years: the tax consequences of a potential breakup of the euro. For our prior coverage, see here and here. As the currency lurches towards [...]
Treasury Finalizes Conduit Financing Regulations Under Section 881
January 9, 2012By Jonathan Prokup On December 9th, the IRS issued final regulations under Code section 881 that treat a disregarded entity as a person to determine whether a “financing arrangement” exists for purposes of applying the conduit financing regulations. The finalized regulations may deny tax benefits otherwise available from U.S. tax treaties when a multi-party financing [...]
The IRS Can Summons California For Property Transfer Records
December 20, 2011As noted by Janet Novack at forbes.com, Judge England of the District Court for the Eastern District of California last week issued an order permitting the IRS to serve a “John Doe” summons on the California State Board of Equalization. The summons seeks the names of residents who transferred property to relatives for little or [...]
_______________
Phil Karter
Jonathan Prokup
David Shakow
George Connelly, Jr.
Buck Buchanan
David Bernard
Dustin Covello
Heather Pesikoff
Hale Sheppard
