McDermott Will & Emery
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Government Files Its Brief in Auer Deference Case
By Timothy S. Shuman and McDermott Will & Emery on Feb 27, 2019
Posted In Court Procedure Matters, Tax Reform, Uncategorized
As we discussed in a prior post and in our article for Law360, the Supreme Court is poised to decide in Kisor v. Wilkie whether to overrule the Auer deference doctrine. This doctrine, which originated in the 1945 Seminole Rock case, generally affords controlling deference to an agency’s interpretation of its own ambiguous regulations. To...
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Weekly IRS Roundup February 4 – 8, 2019
By McDermott Will & Emery on Feb 11, 2019
Posted In IRS Guidance, Tax Reform, Uncategorized
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of February 4 – 8, 2019. February 4, 2019: The IRS released final instructions for Form 1065, US Return of Partnership Income, incorporating changes made by the Tax Cuts and Jobs Act. February 5, 2019: The...
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IRS LB&I Division Announces Its New Year’s Resolutions
By McDermott Will & Emery, Kevin Spencer and McDermott Will & Emery on Feb 6, 2019
Posted In IRS Audits, IRS Guidance, Tax Reform, Uncategorized
Each New Year, many of us look back on the previous year’s activities, and determine what we want to accomplish in the coming year – lose weight, start exercising, read more tax articles, etc. The Internal Revenue Service (IRS) Large Business & International (LB&I) Division memorialized its New Year’s resolutions for 2019 in Publication 5319....
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Desmond Renominated as Chief Counsel
By Kevin Spencer and McDermott Will & Emery on Feb 5, 2019
Posted In IRS Appeals, IRS Audits, IRS Guidance, Trial Courts, Uncategorized
On March 2, 2018, President Trump nominated Michael Desmond to be the Chief Counsel of the Internal Revenue Service (IRS). Unfortunately, the Senate did not get around to confirming him. On January 16, 2019, President Trump renominated Mr. Desmond, and the US Senate Committee on Finance has scheduled a hearing for February 5th to consider...
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Weekly IRS Roundup January 21 – 25, 2019
By McDermott Will & Emery on Jan 28, 2019
Posted In IRS Guidance, Tax Reform, Uncategorized
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of January 21 – 25, 2019. Tax news is very limited because of the government shutdown: January 22, 2019: The IRS issued a news release cancelling a public hearing on proposed regulations relating to user fees...
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A Big Thank You to Our Readers
By McDermott Will & Emery on Jan 23, 2019
Posted In Uncategorized
We greatly appreciate our readers over the past year and are pleased to share that we were recently recognized by Law360 as the Tax Group of the Year. In 2018, McDermott’s tax practice made headlines with its various high-profile state and local, US federal and international matters. Through our blogs, thought leadership pieces and tax-focused...
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Joint Committee Releases Overview of Its Refund Review Process
By Kevin Spencer and McDermott Will & Emery on Jan 10, 2019
Posted In IRS Appeals, IRS Audits, IRS Guidance, Settlements, Tax Refunds, Uncategorized
Clients ask us all of the time, “What is the Joint Committee on Taxation’s (JCT) process for reviewing refund claims granted by the Internal Revenue Service (IRS)?” Recently, the JCT has released an overview of its process. Wait, what? After the IRS has agreed to issue you a refund, there is a congressional committee that...
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Section 965 Transition Tax Overpayment Addressed in Technical Corrections
By McDermott Will & Emery on Jan 4, 2019
Posted In IRS Guidance, Tax Reform, Tax Refunds, Uncategorized
On January 2, 2019, the outgoing Chair of the House Ways and Means Committee, Kevin Brady (R-TX), released the Tax Technical and Clerical Corrections Act (the Bill), addressing several technical issues associated with the Tax Cuts and Jobs Act (P.L. 115-97) (TCJA). The Bill includes certain provisions that, if enacted, would affirm Congress’ intent that...
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Tax Court to Shutdown Until Further Notice
By McDermott Will & Emery on Dec 28, 2018
Posted In Trial Courts, Uncategorized
The United States Tax Court (Tax Court) has announced that it will be shutting down starting today, December 28, 2018 at 11:59 p.m., and will remain closed until further notice. However, trial sessions scheduled for the weeks of January 7 and 14, 2019, will proceed as scheduled. Electronic filing and electronic access to the Tax...
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Congress Allows Transfer of Improperly Filed Cases to Tax Court
By McDermott Will & Emery on Dec 21, 2018
Posted In Appellate Courts, Court Procedure Matters, Tax Reform, Trial Courts, Uncategorized
Taxes and tax litigation can be complex and confusing. Taxpayers have the option of filing a petition in the United States Tax Court (Tax Court) prior to payment of any asserted deficiency. Alternatively, taxpayers can pay the deficiency, file a claim for refund with the Internal Revenue Service and, if that claim is denied or...
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