Federal

  • June 21, 2024

    IRS Issues Draft Of Revised Research Credit Form

    The Internal Revenue Service released a revised draft of the form used for claiming the research credit Friday, saying the changes would reduce taxpayers' burden.

  • June 21, 2024

    Taxation With Representation: Travers Smith, Potamitis Vekris

    In this week's Taxation With Representation, RSK Group Ltd. gets a £500 million ($632 million) investment, Boston Scientific Corp. acquires Silk Road Medical Inc., Masdar takes a part of Terna Energy SA, and Tate & Lyle PLC buys CP Kelco from JM Huber Corp.

  • June 20, 2024

    Worker Retention Credit Freeze To Continue, IRS Chief Says

    The Internal Revenue Service will keep in place its moratorium on processing new employee retention credit claims because of rampant fraud, the agency's commissioner told reporters Thursday, and will seek help from lawmakers before deciding on the program's future.

  • June 20, 2024

    IRS Issues Guidance For Early Withdrawal Penalty Exceptions

    The Internal Revenue Service published guidance Thursday on exceptions to the 10% additional tax for those making permissible early retirement account withdrawals for emergency personal expenses and for victims of domestic abuse.

  • June 20, 2024

    Tax Court Says Man Can't Avoid Early Withdrawal Penalty

    The Internal Revenue Service correctly determined that a Delaware man's early withdrawal of $137,000 from his retirement accounts in order to buy his brother's share of their dead mother's property did not qualify for the first-time homebuyer's exemption, the U.S. Tax Court said Thursday.

  • June 20, 2024

    Tomato Cos. Can't Take Immediate Deductions, 9th Circ. Told

    Two companies that supply 40% of the U.S.' tomato paste and diced tomatoes should not be allowed to deduct costs of restoring their production facilities before the actual restoration occurs, the IRS told the Ninth Circuit on Thursday in urging it to uphold a U.S. Tax Court ruling.

  • June 20, 2024

    Casinos Must Fight Hotel Tax In State Court, 5th Circ. Says

    Owners of two Louisiana casinos with attached hotels must challenge Baton Rouge in state court, rather than federal court, over taxes the city says they owe on free hotel stays they gave patrons, the Fifth Circuit ruled, saying the state is entitled to deference.

  • June 20, 2024

    Housing, Child Care Top Dem. Senators' 2025 Tax Deal Goals

    Senate Democrats plan to prioritize tax policies that will make child care and housing more affordable in the midst of the debate over the extension of the 2017 tax law's expiring provisions in 2025, Senate Finance Committee Chairman Ron Wyden told reporters Thursday.

  • June 20, 2024

    Dickinson Wright Brings On McDermott, Bell Nunnally Attys

    Dickinson Wright PLLC added a pair of new members who include a commercial finance and real estate attorney from Bell Nunnally & Martin LLP based in Austin, Texas, and a tax and incentives attorney from McDermott Will & Emery LLP in Fort Lauderdale, Florida.

  • June 20, 2024

    Tax Court Errs In Deeming Loans As Equity, 11th Circ. Told

    A Florida business owner deserves tax deductions on loans his companies made to residential development projects that became worthless during the Great Recession, he told the Eleventh Circuit in a bid to reverse a Tax Court decision that classified the loans as equity.

  • June 20, 2024

    Tax Preparer With $38M In Refunds Cops To S-Corp. Scam

    The owner of a tax preparation business that secured $38 million in federal refunds for customers pled guilty to helping prepare false returns and admitted he required clients to establish empty corporations to lower their tax bills illegally, according to his plea agreement in a California federal court.

  • June 20, 2024

    Repatriation Tax Doesn't Violate Constitution, Justices Rule

    The U.S. Supreme Court upheld the 2017 federal tax overhaul's mandatory repatriation levy on Thursday, finding the measure applies to the earnings of foreign corporations with U.S. shareholders and therefore does not raise constitutional questions about taxing unrealized income. 

  • June 18, 2024

    Ore. To Adopt IRS' Free E-File Program For 2025 Season

    Oregon will participate in the Internal Revenue Service's Direct File free online tax filing program when it returns for the 2025 filing season, the U.S. Department of the Treasury and the IRS announced Tuesday.

  • June 18, 2024

    Corporate Rate Revenue To Decrease After 2025, CBO Says

    Corporate income tax receipts will steadily decrease after 2025 in relation to gross domestic product due to expiration of many of the 2017 tax law's provisions, the Congressional Budget Office said in a report released Tuesday. 

  • June 18, 2024

    Tax Court Admonishes CPA For 'Unbecoming' Tax Positions

    A U.S. Tax Court judge warned a certified public accountant who challenged his $23,000 tax bill that his groundless arguments could cost him a fine, saying in an opinion Tuesday that his tax positions "are unbecoming of a CPA."

  • June 18, 2024

    Mere Mention Of Setbacks Can't Nix Penalties, Tax Court Says

    A Washington man who said he couldn't pay his taxes because he struggled to recover from financial setbacks during the pandemic didn't provide proof of his hardships, the U.S. Tax Court said Tuesday in upholding the government's collection of penalties against him.

  • June 18, 2024

    IRS Drops Two Research Credit Refund Claim Requirements

    Taxpayers submitting refund claims that include the research credit no longer need to furnish the names of people who conducted each research project or the information each person tried to find with claims postmarked as of Tuesday, the Internal Revenue Service announced.

  • June 18, 2024

    Former Tax Atty Hid Pension's $22.6M, Tax Court Says

    A former attorney who promoted himself as an expert in employee stock ownership plans failed to report nearly $22.6 million in income related to his acquisition of a furniture company's overfunded pension plan, the U.S. Tax Court ruled.

  • June 18, 2024

    Life Insurance Fraudster Deserves Tax Penalties, 7th Circ. Told

    The IRS urged the Seventh Circuit to maintain nearly $400,000 in fraud penalties assessed against an Illinois man who pled guilty to falsifying his tax returns as part of a scheme to poison his wife and collect on a $20 million life insurance policy.

  • June 18, 2024

    IRS Guidance Doesn't Perceive Spinoff Abuse, Official Says

    Recent IRS guidance limiting the corporate spinoffs that revenue officials will approve as tax-free ahead of time was designed to reflect the drafters' current views, rather than suggest perceived abuse of these transactions, a U.S. Treasury Department official said Tuesday.

  • June 18, 2024

    AbbVie Says IRS Can't Treat $1.6B Break Fee As Capital Loss

    The Internal Revenue Service cannot reclassify as a capital loss a $1.6 billion payment AbbVie made to an Irish biotechnology company after their failed merger and thereby raise the pharmaceutical giant's tax bill by $572 million, the company's attorneys told the U.S. Tax Court.

  • June 18, 2024

    Applicable Federal Interest Rates To Fall In July

    Applicable federal rates for income tax purposes will decrease in July, the Internal Revenue Service said Tuesday, reporting the first month-to-month drop since February.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

  • June 17, 2024

    $2.1B Danish Tax Fraud Defendant Pushes For Separate Trials

    An attorney facing trial alongside his clients on allegations of filing $2.1 billion in fraudulent tax refund claims in Denmark urged a New York federal court to hear his case separately, saying disparate legal arguments could confuse a jury if only one trial is held.

  • June 17, 2024

    IRS Asks Court To Leave Alone Worker Retention Credit Pause

    An Arizona federal court should reject a tax advisory firm's request to lift the IRS' moratorium on processing claims for the pandemic-era employee retention credit, the agency argued, saying the agency should be allowed to continue to run the program as it sees fit.

Expert Analysis

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • BF Borgers Clients Should Review Compliance, Liability

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    After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

  • Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • What Updated PLR Procedure May Mean For Stock Spin-Offs

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    A recently published Internal Revenue Service revenue procedure departs from commonly understood interpretations of the spinoff rules by imposing more stringent standards on companies seeking private letter rulings regarding tax-free stock spinoff and split-off transactions, and may presage regulatory changes that would have the force of law, say attorneys at Skadden.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

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    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • New Crypto Reporting Will Require Rigorous Recordkeeping

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    The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Trump Hush Money Case Offers Master Class In Trial Strategy

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    The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

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