McDermott Will & Emery
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IRS Releases 2017-2018 Priority Guidance Plan
By Kevin Spencer and McDermott Will & Emery on Oct 26, 2017
Posted In IRS Guidance, Uncategorized
The US Department of Treasury (Treasury) and Internal Revenue Service (IRS) issue Priority Guidance Plans each year to identify the tax issues they believe should be addressed through regulations, revenue rulings, revenue procedures, notice and other published administrative guidance. On October 20, 2017, the IRS and Treasury released the 2017-2018 Priority Guidance Plan. Part 1...
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When Can a Taxpayer Dismiss a Tax Court Case as Moot?
By McDermott Will & Emery and McDermott Will & Emery on Oct 13, 2017
Posted In Settlements, Trial Courts, Uncategorized
Faced with the prospect of potential tax liability after an unsuccessful audit, taxpayers are faced with the options of filing a petition in the US Tax Court (Tax Court) prior to paying the liability or paying the liability, making a claim for refund, and (if denied or more than six months have passed) suing the...
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Treasury Releases Report on Reducing Tax Regulatory Burdens
By McDermott Will & Emery on Oct 5, 2017
Posted In IRS Guidance, Uncategorized
On October 2, 2017, the US Department of the Treasury (Treasury) submitted a report (Report) to the President of the United States recommending the withdrawal, revocation or revision of eight Treasury Regulations in order to eliminate or otherwise mitigate the “burdens imposed on taxpayers.” This action springs from Executive Order 13789 issued by the President...
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District Court Holds Anti-Inversion Regulation Unlawfully Issued
By McDermott Will & Emery and McDermott Will & Emery on Oct 4, 2017
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
“[W]e are not inclined to carve out an approach to administrative review good for tax law only.” Mayo Found. for Medical Educ. & Research v. United States, 562 US 44, 55 (2011). With this language, the US Supreme Court put taxpayers and the Internal Revenue Service (IRS) and US Department of the Treasury (Treasury) on...
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Supreme Court Denies Review of QinetiQ
By McDermott Will & Emery on Oct 2, 2017
Posted In Appellate Courts, Court Procedure Matters, Uncategorized
We have previously written about QinetiQ U.S. Holdings. Inc.’s (QinetiQ) fight to apply the Administrative Procedure Act (APA) to notices of deficiency issued by the Internal Revenue Service (IRS). (See below for our recent coverage.) In short, the Tax Court and the US Court of Appeals for the Fourth Circuit rejected QinetiQ’s argument that a...
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IRS Valuation Expert for Michael Jackson Estate Case Almost Thrown Out!
By Kevin Spencer and McDermott Will & Emery on Oct 2, 2017
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
On September 29, 2017, Judge Mark Holmes of the United States Tax Court (Tax Court) issued an order in the estate tax valuation case brought by the Estate of Michael Jackson (the Estate). In the case, the Estate moved to strike the testimony of the Internal Revenue Service’s (IRS) valuation expert witness on the grounds...
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Tax Court Announces 2018 Judicial Conference in Chicago on March 26-28, 2018
By Kevin Spencer and McDermott Will & Emery on Sep 19, 2017
Posted In Trial Courts, Uncategorized
On Friday, September 15, the Tax Court announced that it will be holding its 2018 Judicial Conference in Chicago, Illinois, on the campus of Northwestern University’s Pritzker School of Law on March 26-28, 2018. The press release provides: The 2018 Tax Court Judicial Conference will be held in Chicago, Illinois, on the campus of Northwestern...
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More Changes to IRS Appeals, in Response to Taxpayer and Practitioner Concerns
By McDermott Will & Emery, McDermott Will & Emery and McDermott Will & Emery on Sep 18, 2017
Posted In IRS Appeals, Uncategorized
As we have recently discussed, Internal Revenue Service (IRS) Appeals has been making a number of changes to their administrative review process in the last few years. While many of these changes have been driven by lack of resources, others—like the standing invitation of Exam into the Appeals process—have the potential to undermine the independence...
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Tax Court Rejects IRS Argument that Corporate Taxpayer Failed to File Valid Return
By McDermott Will & Emery on Sep 13, 2017
Posted In Court Procedure Matters, Trial Courts, Uncategorized
The issue of whether a valid tax return has been filed usually comes up in the context of individuals. One common situation involves taxpayers who file so-called zero returns or returns with an altered jurat and protest paying any taxes. Another common situation, which has received substantial attention lately, involves whether a tax return filed...
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Motion Practice – Moving for Summary Adjudication
By McDermott Will & Emery on Sep 6, 2017
Posted In Court Procedure Matters, Trial Courts, Uncategorized
Summary judgment is a common practice in all courts, including courts hearing tax disputes. Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Full or partial summary judgment is appropriate where there is no genuine issue of material fact and a decision may be rendered as a matter of law on...
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