Federal

  • August 09, 2024

    Weekly Internal Revenue Bulletin

    The Internal Revenue Service's weekly bulletin, issued Friday, included final regulations that clarify potential situations that could trigger an anti-abuse rule that covers transactions involving foreign corporations.

  • August 09, 2024

    What Books Tax Pros Recommend For This Summer

    As practitioners monitor the tax implications of the U.S. presidential election as well as what might come out of the next European Commission, they may want to take a break with a good book. Here, Law360 takes a look at tax specialists' summer reading recommendations.

  • August 09, 2024

    Taxation With Representation: Latham, Freshfields, Wachtell

    In this week's Taxation With Representation, Quantum Capital Group agrees to a roughly $3 billion deal for Cogentrix Energy, Apax Partners LLP is acquiring Thoughtworks for roughly $1.75 billion, and Mallinckrodt inks a $925 million deal for Therakos.

  • August 08, 2024

    Cayman Co. Owes Tax On Partners' Income, Tax Court Says

    A Cayman Islands partnership is liable for withholding taxes on the share of about $24.8 million in income from its U.S. operations that was allocated to its foreign partners through special purpose vehicles, the U.S. Tax Court said Thursday.

  • August 08, 2024

    IRS Agents Seek To Join Hunter Biden's Tax Privacy Case

    Accusations of wrongdoing against two Internal Revenue Service whistleblowers who said the government downplayed tax fraud allegations against Hunter Biden give the pair standing to intervene in Biden's privacy case against the U.S. government, the men told a federal court. 

  • August 08, 2024

    Feds Seek 2 Years For Accountant In $8M Payroll Tax Scheme

    A New Jersey moving company's head accountant should serve a two-year sentence for being the "nerve center" of a nearly $8 million payroll tax scheme, prosecutors told a New York federal judge in a bid to deny the man's request for a noncustodial sentence.

  • August 08, 2024

    IRS Targeting Up To $5B In Employee Retention Credit Claims

    The Internal Revenue Service in recent weeks sent 28,000 rejection letters to businesses to target high-risk employee retention tax credits that could prevent up to $5 billion in improper credit claims, Commissioner Daniel Werfel said Thursday.

  • August 08, 2024

    5th Circ. Asked To Back Dell Worker's Penalty For Tax Protest

    The Fifth Circuit should uphold a U.S. Tax Court ruling that found a Texas man was required to pay income taxes on nearly $300,000 worth of wages he earned from Dell and a penalty for advancing frivolous arguments, the government said Thursday.

  • August 08, 2024

    Nixon Peabody Hires Community Development Counsel In DC

    When Steven Feenstra, the newest member of Nixon Peabody LLP's the community development finance practice, visited a client's office some 25 years ago, the photos of the community housing projects the client had helped develop made a lasting impression on him, he told Law360 Pulse in an interview Thursday.

  • August 08, 2024

    Cabinet Cos. Say They're Owed $1.35M In Retention Credits

    The Internal Revenue Service owes a pair of Arizona-based cabinet manufacturers that operate as a single employer nearly $1.35 million in employee retention tax credits, the companies told an Arizona federal court, adding that the agency has failed to even respond to their claims.

  • August 08, 2024

    Colo. Couple Settle $3.4M Hardship Refund Case

    A Colorado couple hit by a series of economic and personal hardships have reached a settlement with the federal government that will grant the couple a portion of the $3.4 million refund they sought and resolve their case, the two sides told a Colorado federal court.

  • August 08, 2024

    US Asks 2nd Circ. To Uphold IRS Lien For $4.2M Restitution

    The Internal Revenue Service should be allowed to proceed with a lien to collect some $4.2 million in restitution from a man who pled guilty to three counts of tax fraud, the U.S. told the Second Circuit. 

  • August 07, 2024

    Weak Link Doomed $690M Whistleblower Claim, DC Circ. Says

    A whistleblower could not get up to $690 million, or 30% of the $2.3 billion collected in an Internal Revenue Service offshore voluntary disclosure program, because the connection between his actions and the program was weak, the D.C. Circuit said Wednesday.

  • August 07, 2024

    Waste Co. Not Entitled To Audit Records, IRS Tells Court

    Garbage-hauling giant Waste Management Inc. is not entitled to the IRS' tax files on the company from 2017, including audit records, because some documents contain return information of third parties, the agency said Wednesday.

  • August 07, 2024

    5th Circ. Grapples With 'Ridiculous' $100M Arbitration

    A Fifth Circuit panel struggled to make sense out of a "ridiculous" arbitration proceeding that produced four contradictory arbitration awards in a legal malpractice dispute, one awarding $100 million, pressing both sides during oral arguments Wednesday to give answers about how the "spectacle" unfolded.

  • August 07, 2024

    'Looting' Of Co. Doesn't End S Corp. Status, Tax Court Says

    While a co-owner of a California S corporation may have been the victim of two other owners "looting" the company through disproportionate distributions, such actions didn't dissolve its S corporation status, the U.S. Tax Court ruled Wednesday.

  • August 07, 2024

    Pension Plans' Expert Testimony Limited In $2B Tax Fraud Suit

    A New York federal court decided to exclude portions of an expert's testimony on behalf of pension plans that are accused of seeking to defraud Denmark's tax agency in a $2.1 billion tax refund fraud scheme.

  • August 07, 2024

    Tax Court's Economic Substance Foray May Clarify Limits

    A U.S. Tax Court judge plans to address an ill-defined provision governing the relevance of the economic substance doctrine in a microcaptive insurance case, offering the courts another chance to clarify an anti-abuse tool the IRS has been deploying more often.

  • August 07, 2024

    US Taxpayers Claimed $8.4B In Energy Credits In 2023

    Taxpayers claimed $6.3 billion is residential clean energy credits and $2.1 billion in energy-efficient home improvement credits in 2023, the U.S. Treasury Department and Internal Revenue Service said Wednesday.

  • August 06, 2024

    US Wants Israeli Businessman Sanctioned In $3.6M FBAR Suit

    An Israeli businessman should be sanctioned for defying a Washington federal court's discovery orders by a default judgment in the U.S. government's $3.6 million case over his unreported foreign bank accounts and by another order to comply, the government said Tuesday.

  • August 06, 2024

    Wind Tower Co. Asks Full Fed. Circ. To Revisit Subsidy Duties

    A Federal Circuit panel wrongly concluded that a 10% depreciation rate for deducting costs related to manufacturing facilities set by Canadian law was an unfair trade subsidy that justified countervailing trade duties, a wind tower manufacturer told the court in seeking a rehearing.

  • August 06, 2024

    Businessman Found To Owe Over $2.9M In FBAR Fines

    A U.S. inventor and businessman who had been based in Hong Kong and started a company there must pay over $2.9 million in penalties for failing to report his overseas bank accounts for eight years, a Virginia federal judge ruled Tuesday.

  • August 06, 2024

    Tax Compliance Costs US Economy $546B, Report Says

    The billions of hours spent completing Internal Revenue Service forms and tax returns, along with out-of-pocket compliance costs, ultimately costs the U.S. economy over $546 billion, the Tax Foundation reported Tuesday.

  • August 06, 2024

    IRS Error Doesn't Enable Kyocera's $7M Refund Suit, US Says

    Electronics maker Kyocera can't seek a $7 million tax refund in federal district court because it owed taxes when it filed its original complaint, a fact that isn't changed by IRS' improper abatement of the company's liabilities before it filed an amended complaint, the government argued.

  • August 06, 2024

    Ayahuasca Church Asks DC Circ. To Rethink Tax Status

    An Iowa church that used a psychedelic drug in its rites asked the D.C. Circuit for an en banc rehearing after a panel determined the church was correctly denied tax-exempt status since its main purpose was using a federally illegal drug.

Expert Analysis

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • While Risks Exist, AI Could Transform IRS Enforcement

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    The Internal Revenue Service's recently announced use of artificial intelligence could revolutionize the agency's enforcement efforts, and transparency about its use and a forum for challenging AI findings could help mitigate fears that the technology will increase bias, say attorneys at Lewis Brisbois.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Enforcement Of International Tax Reporting Is Heating Up

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    Since the U.S. Supreme Court’s February decision in Bittner v. U.S. changed how penalties for failure to report offshore accounts are calculated, recent developments suggest the government is preparing to step up enforcement and vigorously pursue the collection of resulting penalties, say Daniel Silva and Agustin Ceballos at Buchalter.

  • How Gov't Agencies Will Fare In The Event Of A Shutdown

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    With a federal shutdown potentially set to begin at the end of this month, it may be useful to consider the approximate timelines that agencies such as the Federal Trade Commission and IRS have announced for curtailing operations, and potential strategies for mitigating challenges that may arise while agency functions are limited, say attorneys at Cleary.

  • IRS Notice Clarifies R&E Amortization, But Questions Remain

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    The IRS and Treasury Department’s recent notice clarifying the treatment of specified research and experimental expenditures under Section 174 provides taxpayers and practitioners with substantive guidance, but it misses the mark in delineating which expenditures are amortizable, say attorneys at Eversheds Sutherland.

  • Preparing Your Legal Department For Pillar 2 Compliance

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    Multinational entities should familiarize themselves with Pillar Two of the Organization for Economic Cooperation and Development’s BEPs 2.0 project and prepare their internal legal tracking systems for related reporting requirements that may go into effect as early as January, says Daniel Robyn at Ernst & Young.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Kentucky Tax Talk: Taking Up The Dormant Commerce Clause

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    Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

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    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.

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