McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsMcDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices, industries and more than 20 locations to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
IRS Releases Practice Unit on Statutes of Limitation
By Elizabeth Chao and McDermott Will & Emery on Apr 13, 2018
Posted In IRS Guidance, Uncategorized
The expiration of the time for the Internal Revenue Service (IRS) to assess tax can bring closure on prior tax and financial reporting positions for taxpayers. We have previously reported and written for the International Tax Journal about tax statutes of limitation both generally and in the international tax context. As a follow-up to those...
Continue Reading
President Trump Announces Intent to Nominate Emin Toro to Tax Court
By McDermott Will & Emery on Apr 10, 2018
Posted In Trial Courts, Uncategorized
In a press release this morning, President Trump announced his intent to nominate Emin Toro to serve as a judge on the United States Tax Court (Tax Court). This is the latest in a wave of nominations to high-level tax positions within the government, as we have previously covered here and here. Mr. Toro is...
Continue Reading
Are Changes Looming over the Tax Court’s Procedure Rules?
By Kevin Spencer and McDermott Will & Emery on Apr 3, 2018
Posted In Court Procedure Matters, Trial Courts, Uncategorized
Tax controversy practitioners are undoubtedly aware of the gradual movement over the years to conform certain Tax Court procedure rules (Tax Court Rules) to those of the Federal Rules of Civil Procedure. In many ways, this makes sense to ensure uniformity of tax cases regardless of whether a taxpayer litigates his tax dispute in a...
Continue Reading
IRS Funding Woes Realized? Audit Rate at 15-Year Low!
By Kevin Spencer and McDermott Will & Emery on Mar 30, 2018
Posted In IRS Appeals, IRS Audits, IRS Guidance, Settlements, Tax Reform, Uncategorized
A shrinking Internal Revenue Budget (IRS) budget has meant that fewer agents are available to make sure that the tax laws are being enforced. We have reported previously about how Congress has decreased the IRS’s budget. In 2017, the audit rate fell to its lowest levels in 15 years because of a shrinking IRS budget and...
Continue Reading
Tax Court Judicial Conference This Week in Chicago
By McDermott Will & Emery on Mar 26, 2018
Posted In Uncategorized
The Tax Court’s 2018 Judicial Conference starts tomorrow morning on the campus of Northwestern University’s Pritzker School of Law. For prior coverage, see here. The many panels taking place tomorrow and Wednesday include: Mediation in the Tax Court Discovery and Stipulations Process Litigating Individual Cases Large Case Litigation Whistleblower Jurisdiction A Trip Through the Tax Court’s...
Continue Reading
The Fifth Circuit Puts an End to the Madness with its March Opinion
By McDermott Will & Emery and McDermott Will & Emery on Mar 21, 2018
Posted In Appellate Courts, Court Procedure Matters, Trial Courts, Uncategorized
We have all heard the famous quote about doing the same thing over and over again and expecting different results. The Court of Appeals for the Fifth Circuit applied this concept in its March 8 opinion in Annamalai v. Comm’r, No. 17-60255. There, the issue was whether the taxpayers could extend into perpetuity the 90-day...
Continue Reading
Taxpayer Bill of Rights | Another Tool for Taxpayers?
By McDermott Will & Emery on Mar 13, 2018
Posted In IRS Appeals, IRS Guidance, Uncategorized
In 2015, after repeated efforts by Nina E. Olson, the National Taxpayer Advocate, Congress enacted the Taxpayer Bill of Rights (TBOR) in Internal Revenue Code (Code) Section 7803(a)(3). We have previously written about TBOR here, here and here. Since TBOR was enacted, the IRS has issued information on its website regarding the 10 rights contained...
Continue Reading
More Changes to IRS Appeals’ Practices?
By Kevin Spencer and McDermott Will & Emery on Mar 12, 2018
Posted In IRS Appeals, IRS Guidance, Uncategorized
We have previously commented on changes at the Internal Revenue Service (IRS) Appeals Division, including: (1) the allowance of Appeals to invite representatives from the IRS Examination Division (Exam) and IRS Office of Chief Counsel to the Appeals conference, (2) the limitations on in-person conferences, and (3) the use of “virtual” conferences. IRS Extends Permanent...
Continue Reading
Statutes of Limitation and International Taxes
By Elizabeth Chao and McDermott Will & Emery on Mar 8, 2018
Posted In IRS Audits, IRS Guidance, Tax Reform, Trial Courts, Uncategorized
In late 2017, we provided a brief overview of statutes of limitation in the international tax context. At that time, we noted a forthcoming article on the subject. We are pleased to report that our expanded article on the subject has been published in the January-February 2018 edition of the International Tax Journal. The full...
Continue Reading
White House Intends to Nominate Michael J. Desmond to High-Level Roles in the IRS and the Department of Treasury
By Kevin Spencer, Macdonald Norman and McDermott Will & Emery on Mar 5, 2018
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
The White House announced on March 2 that the president intends to nominate Michael J. Desmond, a prominent tax lawyer, to be the Chief Counsel for the Internal Revenue Service (IRS) and Assistant General Counsel in the Department of Treasury. Subject to approval by the Senate, Mr. Desmond’s new roles will entail providing legal guidance...
Continue Reading
