Jason Freeman at Freeman Law

FDAP Income

The United States generally taxes nonresident aliens and foreign corporations on their U.S.-source income. A foreign taxpayer’s U.S.-source income falls into one of two general categories: (i) “fixed or determinable annual...more

3/30/2022 / Beneficial Owner , Capital Gains , FDAP , FIRPTA , Income Taxes , IRS , Tax Liability , Tax Planning , Tax Treaty

Tax Court in Brief | AptarGroup, Inc. v. Comm’r | Foreign Tax Credits and Interest Expense Allocation and Apportionment

Tax Litigation: The Week of March 14, 2022, through March 18, 2022 Hamilton v. Comm’r, T.C. Memo. 2022-21 | March 15, 2022 |Urda, J. | Dkt. No. 139-19L Pickens Decorative Stone, LLC v. Comm’r, T.C. Memo. 2022-22 | March 17,...more

3/25/2022 / Controlled Foreign Corporations , Corporate Taxes , Double Taxation , Foreign Tax Credits , Tax Court , Treasury Regulations

Tax Court in Brief | Hamilton v. Comm’r | Collection Due Process and Abuse of Discretion

Tax Litigation: The Week of March 14, 2022, through March 18, 2022 AptarGroup, Inc. v. Comm’r, 158 T.C. No. 4 | March 16, 2022 |Goeke, J. | Dkt. No. 7218-2 Pickens Decorative Stone, LLC v. Comm’r, T.C. Memo. 2022-22 | March...more

3/24/2022 / Abuse of Discretion , Administrative Record , Deficiency Notices , Income Taxes , IRS , Tax Court , Tax Liability , Tax Liens , Tax Planning

Tax Court in Brief | Pickens Decorative Stone, LLC v. Comm’r | Syndicated Conservation Easement and “In Perpetuity”

3/24/2022 / Charitable Deductions , Conservation Easements , Income Taxes , IRS , Tax Court , Tax Deductions , Tax Liability , Tax Planning

Income Sourcing Rules – Foreign-Source and U.S.-Source Income

In the international tax context, the source of a taxpayer’s income can have significant implications. The source of income may determine whether a taxpayer qualifies for a foreign tax credit with respect to the income. Or,...more

3/21/2022 / Controlled Foreign Corporations , Corporate Taxes , Foreign Corporations , Foreign Tax Credits , Income Taxes , Internal Revenue Code (IRC) , IRS , Personal Property , Tax Liability , Tax Planning

Qualified Offers: How to Make the IRS Pay Your Legal Fees

Qualified Offers - The prospect of forcing the IRS to pay legal fees can be an enticing one. And the qualified offer provides a strategic weapon to do just that. A taxpayer who makes a qualified offer to the IRS and later...more

3/15/2022 / Administrative Remedies , Income Taxes , IRS , Legal Fees , Prevailing Party , Tax Liability

Tax Court in Brief | Bunton v. Comm’r | Collection Due Process and “Last Known Address

3/15/2022 / Deficiency Notices , Income Taxes , Internal Revenue Code (IRC) , IRS , Tax Court , Tax Levy , Tax Liability , Tax Planning , Tax Returns

Tax Court in Brief | Walters v. Comm’r | Deductibility of “For Profit” Business Expenses

3/15/2022 / Business Expenses , Business Taxes , Income Taxes , Internal Revenue Code (IRC) , IRS , Section 162 , Section 183 , Tax Court , Tax Deductions , Tax Planning

Tax Court in Brief | Cosio v. Commissioner | Collection Due Process and Abuse of Discretion

3/15/2022 / Abuse of Discretion , Income Taxes , IRS , Jurisdiction , Tax Court , Tax Levy , Tax Liability , Tax Planning , Tax Returns

Tax Court in Brief | Rau v. Comm’r | Business Expense and Non-cash Charitable Contribution Deductions

3/15/2022 / Business Expenses , Business Taxes , Business Travel , Section 162 , Tax Court , Tax Deductions , Tax Liability , Tax Planning

Tax Court in Brief | Hacker v. Com’r | Constructive Dividends, Unexplained Deposits, and Corporate Spending

3/15/2022 / Business Expenses , Capital Expenditures , Income Taxes , IRS , Tax Court , Tax Deductions , Tax Liability , Tax Planning , Tax Returns

Tax Court in Brief | Sherwin Community Painters Inc. v. Comm’r | Business Expenses and Constructive Dividends

3/15/2022 / Business Expenses , Business Taxes , Income Taxes , IRS , Section 162 , Tax Court , Tax Deductions , Tax Planning

Tax Court in Brief | Clary Hood, Inc. v. Comm’r | “Reasonable Compensation” and Disguised Dividend

3/15/2022 / Income Taxes , Reasonable Compensation , Tax Court , Tax Deductions , Tax Liability , Tax Planning

Partnership Formations and the Income-Company Exception

Partnership Formation - The formation of a partnership is generally a nonrecognition transaction for both the contributing partner and the newly-created partnership. Thus, as a general rule, no gain is recognized by a...more

3/11/2022 / Business Taxes , Income Taxes , Internal Revenue Code (IRC) , Investment Companies , IRS , Partnerships , Tax Planning

Tax Court in Brief: Lord v. Comm’r—Marijuana and COGS

The Tax Court in Brief – February 28th-March 4th, 2022 Freeman Law’s “The Tax Court in Brief” covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose. ...more

3/11/2022 / Bonus Depreciation , Deficiency Notices , GAAP , Gross Receipts Tax , Income Taxes , IRS , Tax Court , Tax Liability , Tax Planning

Obstruction of Justice

Obstruction of Justice - Federal law penalizes the obstruction of justice. Because it involves intent to conceal criminal activity, courts have frequently referred to obstruction of justice as a crime of moral turpitude....more

3/11/2022 / Corruption , Criminal Investigations , Criminal Prosecution , Obstruction of Justice , Russia , White Collar Crimes

Grantor Trusts

Under the Internal Revenue Code’s “grantor trust” rules, the grantor of a trust may be treated as the “owner” of all or part of the trust. As such, the grantor is taxed on the trust’s income and reports its deductions...more

3/9/2022 / Estate Planning , Estate Tax , Estate-Tax Exemption , Grantor Trusts , Income Taxes , Irrevocable Trusts , Tax Deductions , Tax Planning

Equitable Estoppel in Texas

Equitable estoppel is an affirmative defense that generally prevents one party from misleading another to the other’s detriment or to the misleading party’s own benefit....more

3/9/2022 / Affirmative Defenses , Defense Strategies , Detrimental Reliance , Equitable Estoppel , Estoppel , Litigation Strategies , Texas

Tax Court in Brief | Shaddix v. Commissioner | Collections Due Process Hearings and Liability

Tax Litigation: The Week of February 28, 2022, through March 4, 2022 - Estate of Kazmi v. Comm’r, T.C. Memo. 2022-13| March 1, 2022 | Paris, E. | Dkt. No. 5013-18L - Estate of Levine v. Comm’r, 158 T.C. No. 2 | February 28,...more

3/8/2022 / Deficiency Notices , Due Process , IRS , Net Operating Losses , Offer-in-Compromise , Tax Court , Tax Liability , Tax Planning

Tax Court in Brief | Estate of Kazmi v. Commissioner | Trust Fund Penalties and CDP Hearings

3/7/2022 / Income Taxes , IRS , Tax Court , Tax Deductions , Tax Liability , Tax Planning , Tax Returns , Trust Fund Recovery Penalty (TFRP)

Tax Court in Brief | Estate of Levine v. Commissioner | Split-Dollar Life Insurance and Estate Planning

3/7/2022 / Estate Planning , Estate Tax , Irrevocable Trusts , IRS , Life Insurance , Split Dollar , Tax Court , Treasury Regulations

Parol Evidence in Texas

When two parties enter into a contract, they often heavily negotiate the terms. In some circumstances, the parties may take weeks or months to carefully craft the wording of their contracts. In other circumstances, language...more

2/28/2022 / Commercial Contracts , Contract Disputes , Contract Interpretation , Contract Terms , Evidence , Parol Evidence

Tax Court in Brief | Hoops, LP v. Commissioner: Deductibility of Deferred Compensation

Tax Litigation: The Week of February 21, 2022, through February 25, 2022 - Hicks v. Comm’r, T.C. Memo. 2022-10 | February 23, 2022 | Gale, J. | Dkt. No. 10406-17 - Hoops, LP v. Comm’r, T.C. Memo. 2022-9 | February 23,...more

2/25/2022 / Deferred Compensation , Income Taxes , Internal Revenue Code (IRC) , IRS , Tax Court , Tax Deductions , Tax Liability , Tax Planning

Tax Court in Brief | Hicks v. Commissioner: Dependency Deductions

Tax Litigation: The Week of February 21, 2022, through February 25, 2022 Hoops, LP v. Comm’r, T.C. Memo. 2022-9 | February 23, 2022 | Nega, J. | Dkt. No. 11308-18 Hicks v. Comm’r, T.C. Memo. 2022-10 | February 23,...more

2/25/2022 / Dependents , Income Taxes , IRS , Tax Court , Tax Deductions , Tax Exemptions , Tax Liability , Tax Planning , Tax Returns

The Closer-Connection Exception

While the “substantial presence” test often determines whether a nonimmigrant alien individual will be treated as a U.S. person for federal tax purposes, the test is subject to an important exception: the closer-connection...more

2/25/2022 / Federal Taxes , Foreign Nationals , Income Taxes , IRS , Lawful Permanent Residents , Non-Resident Aliens , Non-Resident Income Taxes , Substantial Presence Test

Jason Freeman

Freeman Law

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