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Comments Solicited on Michigan Research Credit Draft Notice

The Michigan Department of Treasury released a draft of a notice regarding the new research and development credit. ...more

The Tax Court Recently Decides Two Research Credit Cases: One Favorable on Funding (Smith) and One Unfavorable on the Four-Part...

Taxpayers had mixed success in two recent research credit cases in the United States Tax Court. In Smith v. Commissioner, the taxpayer was an architectural firm....more

Some Research Credit Good News and Potentially Much Bad News

Over an objection by the IRS, the Tax Court recently ruled in Kapur v. Commissioner that it could limit discovery and permit statistical sampling of voluminous data related to a claimed research credit. The court refused,...more

IRS Announces Denials of Employee Retention Credit

As described in our October 24 article “IRS Offers Forgiveness for Erroneous Employee Retention Credit Claims” the IRS has increased scrutiny on claims for the Employee Retention Credit (“ERC”). The IRS halted processing...more

In a Pending Research Tax Credit Case the IRS Fails to Follow Regulatory Language

The stream of cases challenging disallowance of research tax credits continues in the Tax Court with Phoenix Design Group, Inc. v. Commissioner. The taxpayer in Phoenix Design designs mechanical, electrical, and plumbing...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

IRS Announces Updates to Income Tax Credits for Research Expenditures

The IRS Large Business and International Division ("LB&I") announced a campaign on February 27, 2020, to examine taxpayers' returns claiming income tax credits and deductions for research expenditures under IRC Sections 41...more

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