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Tax Court Trial Sessions – How a Case is Set for Trial
By McDermott Will & Emery on Aug 11, 2016
Posted In Court Procedure Matters, Trial Courts, Uncategorized
The US Tax Court is physically located in Washington, DC, but its judges travel nationwide to conduct trials in 70 designated cities. At the time the petition is filed with the Tax Court, the taxpayer will request a specific location for trial. The Tax Court will issue a notice setting the case for trial approximately...
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Tax Court Order Indicates That E-Discovery and Predictive Coding Are Here to Stay
By Chelsea Hess, Kevin Spencer, McDermott Will & Emery and McDermott Will & Emery on Jul 18, 2016
Posted In Court Procedure Matters, IRS Audits, IRS Guidance, Privilege and Non-Disclosure, Trial Courts, Uncategorized
On July 13, 2016, Judge Buch of the US Tax Court denied an Internal Revenue Service (IRS) motion to compel the production of electronically stored information (ESI) by Dynamo Holdings Limited Partnership and Beekman Vista, Inc., which was not delivered as part of a discovery response based on the mutually agreed-upon use of “predictive coding.”...
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Expert “Hot Tubbing” in the Tax Court
By Kevin Spencer and McDermott Will & Emery on Jul 15, 2016
Posted In Court Procedure Matters, Trial Courts, Uncategorized
The use of expert witnesses in litigation can be tricky. Taxpayers want to avoid the perception that their expert is a “hired gun” who is merely their biased advocate. The US Tax Court has repeatedly stated that such expert testimony is not useful or credible. A technique that is common in Australia, and has been...
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IRS Finalizes Controversial Regulations Allowing Contractor Participation in Examinations
By Kevin Spencer and McDermott Will & Emery on Jul 14, 2016
Posted In IRS Audits, IRS Guidance, Transfer Pricing Resource, Uncategorized
On July 12, 2016, the Internal Revenue Service (IRS) finalized regulations allowing third-party contractors (i.e., outside economists, engineers, consultants and attorneys) to participate in audits of taxpayers. The regulations are not limited to allowing outside parties to review taxpayers’ books and records, but extend to the full participation in summons interviews. The final regulations replace...
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Tax Court (Again) Rejects IRS Use of Secret Subpoenas
By McDermott Will & Emery on Jul 11, 2016
Posted In Court Procedure Matters, Privilege and Non-Disclosure, Trial Courts, Uncategorized
On July 8, 2016, Judge Mark V. Holmes of the US Tax Court issued an order in Ernest S. Ryder & Associates, Inc., APLC, et al., v. Commissioner, ordering the Internal Revenue Service (IRS) to serve on the taxpayer all non-party subpoenas that he had issued in the case, together with all responses and documents...
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IRS Issues IPU on Corporate Inversions
By McDermott Will & Emery on Jul 7, 2016
Posted In IRS Audits, IRS Guidance, Transfer Pricing Resource, Uncategorized
On June 7, 2016 , the Internal Revenue Service (IRS) released an LB&I International Practice Unit (IPU), providing high-level guidance to IRS field examiners on the application of the anti-inversion rules of Internal Revenue Code section 7874 and certain of the regulations and notices issued thereunder (see here). The IPU notes that it is meant to provide...
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IRS Publishes IPU on Penalties for Failure to Report Transfer of Property to a Foreign Corporation
By Roger J. Jones and McDermott Will & Emery on Jun 16, 2016
Posted In IRS Audits, IRS Guidance, Uncategorized
On June 14, 2016, the Internal Revenue Service (IRS) published an International Practice Unit (IPU) on the monetary penalty for failing to file Form 926, Return by a U.S. Transferor of Property to a Foreign Corporation (available here). Under IRC section 6038B(a)(1)(A), a US person who transfers property to a foreign corporation in an exchange described...
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Tax Court Adopts Rules for Judicial Conduct and Judicial Disability Complaints
By Kevin Spencer and McDermott Will & Emery on Jun 15, 2016
Posted In Court Procedure Matters, Trial Courts, Uncategorized
In a June 14, 2016 press release (available here), Chief Judge L. Paige Marvel of the United States Tax Court announced the adoption of rules for judicial conduct and judicial disability complaints. The rules conform with the Rules for Judicial Conduct and Judicial Disability Proceedings promulgated by the Judicial Conference of the United States. Links...
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IRS Publishes Another IPU on Transfer Pricing
By Kevin Spencer and McDermott Will & Emery on Jun 8, 2016
Posted In IRS Guidance, Transfer Pricing Resource, Uncategorized
The Internal Revenue Service (IRS) continues to publish International Practice Units (IPUs) on transfer pricing. As explained in our prior post, the IRS has provided guidance on the three requirements to come within the transfer pricing rules in IRC section 482. The IRS continues to expend its limited resources on international tax issues, arming its field...
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“Snow Day” Case Highlights Importance of Timely Filing Requirements
By Kevin Spencer and McDermott Will & Emery on Jun 3, 2016
Posted In Court Procedure Matters, Trial Courts, Uncategorized
On June 2, 2016, the US Tax Court issued a unanimous court-reviewed opinion in Guralnik v. Commissioner, 146 T.C. No. 15 (available here), addressing several points related to the timely filing of court documents. The opinion provides important reminders to taxpayers to ensure that they meeting filing deadlines.
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