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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

Consider Action Before Year End on Michigan Corporate Income Tax Refund Opportunity

A potential refund opportunity under the Michigan corporate income tax may justify taking action before year end. The issue concerns the Michigan Department of Treasury’s position that the Internal Revenue Code (“IRC”) 163(j)...more

Getting an Erroneous Tax Refund Case to a Jury is a Fraught Task in the Fifth Circuit

In Grigsby v. United States, the Justice Department used discovery procedures in federal district court essentially to audit a taxpayer’s federal income tax credits for research activities. The court found that the taxpayer...more

Why Shouldn’t Equitable Tolling Apply to the Federal Tax Refund Look-Back Period?

In Libitzky v. United States, the United States Court of Appeals for the Ninth Circuit affirmed disallowance of a $700,000 federal income tax refund claim. The court said that this was an “unfortunate” case, but they were...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

New Cost-Benefit Analysis for Filing a Research Credit Refund Claim

The IRS issued Interim Guidance that likely will increase the expense and burden of filing research credit refund claims. Research credits in original returns are not affected by the Interim Guidance....more

The Government's Use of Procedural Hurdles to Disallow Research Credit Refund Claims

In two recent cases, the IRS has tried to defeat research credit refund claims on procedural grounds, rather than simply litigating whether the substantive nature of the asserted research meets the requirements of section 41...more

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