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One Big Beautiful Bill Locks in Tax Cuts, Tweaks SALT and Adds New Deductions

The One Big Beautiful Bill (OBBB) cements many individual tax provisions from the 2017 Tax Cuts and Jobs Act (TCJA) including permanent lower income tax rates and a doubled standard deduction. The bill passed on July 3 and...more

IRS Fast-Track Settlement Has Been Refined to Improve Accessibility

Taxpayers whose tax returns the IRS examines may experience long administrative delays in working with the IRS to resolve unagreed issues. About twenty years ago, the IRS developed a procedure – fast track settlement – to...more

Can Legislative History Restore a Repealed IRC Provision?

Altria Group, Inc. v. United States, a federal income tax case pending in federal district court in Virginia, shows the importance of laying groundwork for litigation long before a complaint is filed. At issue is a difficult...more

OSHA Recommendations on COVID Are Not Enough to Qualify a Business for the Employee Retention Credit

The IRS recently issued guidance explaining that OSHA communications regarding COVID-19 precautions alone do not allow employers to qualify for the Employee Retention Credit (“ERC”). Other than some start-up businesses,...more

Court Rules on Tax Treatment of Hotel Rewards Program Fund

The recent Tax Court opinion in Hyatt Hotels Corporation v. Commissioner of Internal Revenue informs a federal income taxpayer about its tax responsibility for funds for a guest reward program: when the taxpayer will be...more

Will the Supreme Court Invalidate One or More Sections of the Tax Cuts and Jobs Act?

A tax case pending in the United States Supreme Court, Moore v. United States, may cause a cataclysmic change in the federal income tax. The 16th Amendment to the United States Constitution empowers Congress to impose “taxes...more

High-Profile Case Highlights Government's Common Law Right to Pursue Tax Deficiencies in Court

A federal district court ruled in a high-profile case that the Justice Department may rely on common law rather than the statutory notice of tax deficiency procedure in the Internal Revenue Code to assert a federal income tax...more

A Remittance to the IRS May Not Always Operate as Intended

A taxpayer against whom the IRS determines—not "assesses" but "determines"—a tax deficiency must decide whether to make a remittance to the IRS and if so, whether the remittance is to be treated as a "deposit" or as a...more

Seventh Circuit Decision Complicates Documentation of Research Activities for Tax Credit Purposes

Key Takeaways - ..The Seventh Circuit torpedoed a taxpayer’s research tax credits for two watercrafts. ..The decision creates confusion about how a taxpayer should document research activities and arguably undermines...more

Pending Legislation Would Recover Tax Paid by New Car Dealers

Key Takeaways - ..New motor vehicle dealers should consider including a tax-saving contingency in their cash plans for pending federal income tax legislation affecting inventory accounting. ..If enacted, dealers using...more

Now is a Good Time to Confirm Your S Corporation Status

​​​​​​​On October 11, 2022, the IRS published Revenue Procedure 2022-19 providing taxpayers with liberalized procedures for resolving common S corporation issues. Previously, taxpayers would have needed costly IRS letter...more

IRS Provides Dramatic Penalty Relief

​​​​​​​On Aug. 24, 2022, the IRS released Notice 2022-36 providing automatic relief from failure to file penalties for the 2019 and 2020 tax years for a significant number of individuals and businesses that were late in...more

The Status of the Pending Appeal in Silver v. Treasury Department

Key Takeaways - ..The pending case, Silver v. Internal Revenue Service, will provide insight, when decided, of the view of the Court of Appeals for the District of Columbia Circuit on the scope of judicial review of...more

Does a Tax Cut Jobs Act Provision Decrease Income Taxes on Marijuana Businesses?

Key Takeaways: ..A pending U.S. Tax Court case presents an interesting theory to preclude the federal income tax disallowance of all deductions of a marijuana business. ..The theory rests on a provision in the 2017 Tax...more

Michigan Supreme Court to Provide Clarity on Alternative Apportionment of Income Tax for Out-of-State Companies

The Michigan Supreme Court has agreed to hear one of the most significant cases in the country to examine the question of when the Due Process and Commerce Clauses of the U.S. Constitution require the application of an...more

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