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Circuit Courts Agree Timely Filing Requirement for a Tax Court Petition is Jurisdictional
By McDermott Will & Emery and McDermott Will & Emery on Jan 23, 2017
Posted In Appellate Courts, Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
Arguably the most important aspect of litigating a case in the Tax Court or in a refund forum is the timely filing of the petition or complaint. Absent timely filing, the court may not have jurisdiction and the case could be dismissed without the court ever reaching the substantive issues. On January 13, 2017, the...
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National Taxpayer Advocate 2016 Report – Summons Enforcement
By McDermott Will & Emery on Jan 19, 2017
Posted In Court Procedure Matters, IRS Audits, IRS Guidance, Privilege and Non-Disclosure, Uncategorized
In its Annual Report to Congress, the Taxpayer Advocate Service (TAS) recently reported summons enforcement actions under Internal Revenue Code (Code) Sections 7602, 7604, and 7609 as one of the “Most Litigated Issues” this year. Below, we summarize the general law related to summons enforcements actions and the findings set forth in the Annual Report.
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Chief Counsel William J. Wilkins Resigns Effective January 20, 2017
By McDermott Will & Emery on Jan 12, 2017
Posted In Uncategorized
William J. Wilkins has tendered his resignation as Chief Counsel effective as of noon on January 20, 2017. Mr. Wilkins was nominated by President Obama to replace Donald L. Korb, who resigned from the position in late 2008. Mr. Wilkins was confirmed by the Senate to serve as Chief Counsel in July 2009. Prior to...
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APA Challenge to Notice of Deficiency: QinetiQ Affirmed
By Jeffrey M. Glassman and McDermott Will & Emery on Jan 10, 2017
Posted In Appellate Courts, Court Procedure Matters, Trial Courts, Uncategorized
On January 6, 2017, the US Court of Appeals for the Fourth Circuit, by published opinion, affirmed the US Tax Court’s (Tax Court) earlier ruling in QinetiQ US Holdings, Inc. v. Commissioner. We previously wrote about the case here, here, and here. To refresh, the taxpayer had argued in Tax Court that the Notice of...
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IRS Finalizes Section 367 Regulations
By McDermott Will & Emery on Dec 16, 2016
Posted In IRS Guidance, Uncategorized
The Internal Revenue Service (IRS) has finalized regulations that tax transfers of certain property, including goodwill and going concern value, to foreign corporations in nonrecognition transactions described in Internal Revenue Code Section 367. The final regulations replace proposed regulations published on September 16, 2015 and temporary regulations published in 1986. We previously discussed the 2015...
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Tax Court Inconsistent on IRS’s Use of ‘Secret Subpoenas’
By McDermott Will & Emery on Dec 7, 2016
Posted In Court Procedure Matters, Trial Courts, Uncategorized
We have previously written about Judge Mark V. Holmes’ dislike of the Internal Revenue Service’s (IRS) practice of issuing subpoenas to non-parties without informing the taxpayer. To recap, Tax Court Rule 147 allows a party to issue a subpoena to a non-party but does not specifically require that prior notice be given to the other...
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IRS Announces New Chief of IRS Appeals
By Kevin Spencer and McDermott Will & Emery on Nov 29, 2016
Posted In IRS Appeals, Uncategorized
In further changes to the Internal Revenue Service (IRS) Appeals Division, it was recently announced that Donna C. Hansberry will replace Kirsten B. Wielobob as chief of IRS Appeals. Ms. Hansberry is currently the deputy commissioner of the Tax Exempt and Government Entities Division. She started as a trial attorney for the IRS Office of Chief...
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Formal Document Requests – The IRS’s Tool for Collecting “Foreign-Based Documentation”
By McDermott Will & Emery on Nov 14, 2016
Posted In IRS Audits, IRS Guidance, Uncategorized
One important feature of every audit is the request and collection of relevant taxpayer materials by the Internal Revenue Service (IRS). Such materials are typically collected through the rules and procedures associated with an Information Document Request (IDR). However, for audits that involve the collection of foreign-based documentation, the Internal Revenue Code (Code) provides a...
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IRS Litigation Guideline Memorandums Obsoleted
By McDermott Will & Emery on Nov 7, 2016
Posted In IRS Guidance, Uncategorized
The Internal Revenue Service (IRS) issues many forms of public and private guidance, both to government personnel and to taxpayers. Litigation Guideline Memorandums (LGMs) are one such type of guidance, and were issued by the IRS Office of Chief Counsel through 1999 to provide information and instruction relating to litigating procedures and method, and standards...
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IRS Issues Regulations Related to CFC Loans
By McDermott Will & Emery on Nov 2, 2016
Posted In IRS Guidance, Uncategorized
The Internal Revenue Service (IRS) has just released final regulations regarding the treatment of United States property held by a controlled foreign corporation (CFC) in connection with certain transactions involving partnerships. The final regulations also provide rules for determining whether a CFC is considered to derive rents and royalties in the active conduct of a trade...
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