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Circuit courts split on home-distilling ban
While the Sixth Circuit held that the ban is necessary and proper under the U.S. Constitution for collecting a federal excise tax on spirits, the Fifth Circuit held under the same criterion that the ban is unconstitutional.
Erroneous refund of underpayment interest eligible for Sec. 6015(f)(1) relief
The refund gave rise to an unpaid tax liability eligible for equitable innocent-spouse relief, the Tax Court held.
A review for practitioners of select 2025 academic tax research
Five tax research articles published in the past year in academic journals provide potentially valuable insights for practitioners.
Tax Court addresses disallowance of DRD and FTC
Tax Court disallows part of a taxpayer’s Sec. 245A dividends-received deduction and holds post–Sec. 965(c) amount must be included in formula to determine Sec. 245A(d)(1) foreign tax credit disallowance.
Seventh Circuit vacates Hyatt loyalty program decision
Seventh Circuit reverses and remands Tax Court decision regarding hotel loyalty program income.
Transfer pricing treatment of acquired intangibles
After a cross-border merger or acquisition, related affiliates often integrate and use the acquired intangibles, such as new products or innovative features. To help executives manage the resulting transfer pricing risk, this article examines the treatment of acquired intangibles in post-acquisition related-party transactions.
State tax history at the United States’ 250th anniversary
Read (and test your knowledge) regarding the origins and evolution of state taxing authority on the eve of this milestone.
LLC cannot raise due process claim for its members
The limited liability company lacked standing to bring the Fifth Amendment claim on its individual members’ behalf, the Tax Court held.
Supreme Court lets stand IRS power to assess tax anytime for preparer fraud
The Supreme Court declined to hear an appeal of the Third Circuit’s decision in Murrin, in which the court held that taxpayer intent is not required for the unlimited period for assessing tax under Sec. 6501(c)(1) to apply.
Offer of Appeals conference is opportunity to dispute underlying liability
Taxpayers who refused to meet with IRS Appeals to contest their penalty liability were thereby precluded from doing so in a Collection Due Process or Tax Court proceeding, the court held.
Sec. 280E bars claim for refundable portion of ERC
The employee retention credit is among those prohibited under the section for taxpayers trafficking in federally controlled substances, the Tax Court held, finding against a marijuana dispensary business.
Fifth Circuit rejects ‘passive-investor’ definition of limited partner
The Fifth Circuit, overruling the Tax Court, held that for purposes of the Sec. 1402(a)(13) exclusion from self-employment tax, “limited partner” means a partner in a limited partnership that has limited liability.
Does an EIN/name mismatch invalidate a refund claim?
Arguments using the ‘informal claim doctrine’ and/or a taxpayer assistance order with the Taxpayer Advocacy Service may help taxpayers whose refund claims are stymied by a mismatch caused by an incorrect employer identification number.
Current developments in taxation of individuals: Part 2
This update surveys recent federal tax developments involving individuals, including court cases, rulings, and guidance issued during the six months ending October 2025.
Right to jury trial does not apply to accuracy-related penalties
Seventh Amendment right to jury trial does not apply to Sec. 6663 accuracy-related penalties.
Pennsylvania Supreme Court invalidates Pittsburgh ‘jock tax’
The tax is held to violate the Uniformity Clause of the state’s constitution by treating residents and nonresidents unequally.
IRS removes associated-property rule from interest capitalization regulations
The invalidation by the Federal Circuit of the rule and its removal by the IRS affect the treatment of interest on certain improvements to designated property.
Multistate corporate income taxes: An exercise in nexus and apportionment
This case study can provide practical instruction to students and entry-level accounting staff in key issues of state corporate income tax.
Refund suit dismissed because Flora full-payment rule not met
Debts discharged in bankruptcy not fully paid for purposes of the Flora full-payment rule.
Businesses urge Treasury to destroy BOI data and finalize exemption
Just over 100 business associations asked Treasury Secretary Scott Bessent to purge previously submitted beneficial ownership information records and quickly finalize a rule exempting U.S. companies from BOI reporting.
