Federal

  • 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.

  • August 06, 2024

    Bressler Grows In NJ With New Litigation, Tax Experts

    Bressler Amery & Ross PC added longtime experts in tax law, trusts and estates, and commercial litigation in a recent round of expansion in New Jersey announced this week.

  • August 06, 2024

    Treasury Floats Rules To Address Losses Under Pillar 2

    The U.S. Treasury Department proposed regulations Tuesday that outline when foreign taxes under the Pillar Two international minimum tax agreement could trigger long-standing U.S. rules that aim to prevent companies from what is known as double-dipping the same economic loss.

  • August 06, 2024

    NC Software Execs Can't Unravel Payroll Tax Fraud Conviction

    Two former software executives found guilty of failing to pay over $600,000 in employment taxes failed to clear a steep hurdle in trying to reverse their convictions, a North Carolina federal judge said in rejecting their bid for acquittal or a new trial.

  • August 06, 2024

    Ex-UBS Exec Calls $4.7M In FBAR Penalties Unconstitutional

    A former executive for Swiss bank UBS' North American group told a Connecticut federal court the $4.7 million in penalties he faces for willful failure to report his foreign bank accounts are unconstitutionally excessive.

  • August 06, 2024

    Partnership Asks Tax Court To Toss $13M Credit Reduction

    An Idaho partnership asked the U.S. Tax Court to throw out an Internal Revenue Service adjustment that reduced the value of an energy investment tax credit by $13 million, saying it never claimed the credit in the first place.

  • August 06, 2024

    Arnold & Porter Adds Abramson Cancer Center Chief Counsel

    Throughout her career and while working in progressive leadership roles for the Abramson Cancer Center at the University of Pennsylvania, Mir Masud-Elias, Arnold & Porter Kaye Scholer LLP's newest counsel, has asked herself the same question: Is this role the best use of her time on Earth?

  • August 06, 2024

    Paul Hastings Gains Tax Pro In Dallas From McDermott

    Paul Hastings announced Tuesday that its meteoric growth in Texas is continuing with the addition of a partner in Dallas who strengthens its global tax practice and came aboard from McDermott Will & Emery LLP.

  • August 05, 2024

    9th Circ. Rejects Calif. Couple's Informal Tax Refund Bid

    A California couple who for years had a practice of overpaying their federal taxes missed a critical deadline to informally claim a nearly $700,000 tax overpayment, a Ninth Circuit panel ruled Monday, rejecting their request for a refund.

  • August 05, 2024

    FedEx Asserts Chevron Ruling Supports $84.6M Refund

    The U.S. Supreme Court's recent rejection of the Chevron doctrine entitles FedEx to an $84.6 million tax refund by taking credits for foreign taxes it paid on offset earnings when repatriating overseas income, the package delivery giant told a Tennessee federal court.

  • August 05, 2024

    Truck Co. Can't Skirt $500M Excise Tax Bill, US Tells 6th Circ.

    A Tennessee truck company failed to demonstrate its eligibility for a safe harbor that allowed it to escape from over $500 million in excise taxes and penalties over refurbished trucks it sold, the U.S. government told the Sixth Circuit, asking it to reverse a lower-court decision.

  • August 05, 2024

    Pension Plan Testimony Barred In $2B Danish Tax Fraud Case

    U.S. pension plans have proposed irrelevant expert testimony in response to allegations of their participation in a $2.1 billion Danish tax fraud scheme, a New York federal judge ruled in excluding the testimony but leaving room to try again.

Expert Analysis

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks

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    Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • IRS Sings New Tune: Whistleblower Form Update Is Welcome

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    In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Energy Community Tax Credit Boost Will Benefit Wind Sector

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    Recent Internal Revenue Service guidance broadening tax credit eligibility to more parts of offshore wind facilities in so-called energy communities is a win for the industry, which stands to see more projects qualify for a particularly valuable bonus in the investment tax credit context due to the capital-intensive nature of offshore wind projects, say attorneys at Troutman Pepper.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Supreme Court Should Allow Repatriation Tax To Stand

    If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

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