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A Look at the Tax Court’s Congressional Budget Justification
By Kevin Spencer and McDermott Will & Emery on Apr 27, 2022
Posted In Court Procedure Matters, Trial Courts
We frequently write about developments at the US Tax Court, including noteworthy cases, administrative matters, and the status of presidentially appointed Judges and court-appointed Special Trial Judges. One item we have not discussed in the past is the Tax Court’s “Reports & Statistics,” which is available here. The Reports & Statistics page currently contains two...
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Late CDP Petitions May Still Be Entitled to Tax Court Review
By Sarah M. Raben and McDermott Will & Emery on Apr 22, 2022
Posted In Appellate Courts, Court Procedure Matters, IRS Appeals, Trial Courts
In a unanimous decision in Boechler, P.C. v. Commissioner issued on April 21, 2022, the Supreme Court of the United States reversed the US Court of Appeals for the Eighth Circuit’s ruling (which affirmed the US Tax Court) and held that the 30-day time limit to file a petition with the Tax Court in a...
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Tax Court Special Trial Judge Daniel A. Guy Retires
By Kevin Spencer and McDermott Will & Emery on Apr 12, 2022
Posted In Court Procedure Matters, Trial Courts
On April 1, 2022, the US Tax Court announced that Special Trial Judge (STJ) Daniel A. Guy has retired, effective March 31, 2022. STJ Guy served the Tax Court in various roles for more than 30 years, the last 10 in the capacity of STJ. He was recently honored with the J. Edgar Murdock Award...
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Tax Court Proposes New Rules of Practice and Procedure
By Kevin Spencer and McDermott Will & Emery on Mar 31, 2022
Posted In Appellate Courts, Court Procedure Matters, Tax Reform, Trial Courts
On March 23, 2022, the US Tax Court announced new proposed rules for practicing before it. The Court proposed three new rules, amendments to existing rules and changes to conform the existing rules to various forms. The proposed changes also reflect the Court’s move toward conformity with the Federal Rules of Civil Procedure. OVERVIEW OF...
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An Update on Section 6751 Penalties
By Kevin Spencer and McDermott Will & Emery on Mar 23, 2022
Posted In Appellate Courts, Court Procedure Matters, IRS Appeals, IRS Audits, IRS Guidance, Trial Courts
Tax penalties are always a hot topic here. The Internal Revenue Service (IRS) has a large arsenal when it comes to grounds for asserting penalties on income tax deficiencies, ranging from the common 20% penalty under Internal Revenue Code (Code) Section 6662(a) to higher penalties ranging from 40% (gross valuation or basis misstatements and economic...
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District Court Vacates, Sets Aside IRS Reportable Transaction Notice
By Jenny L. Johnson Ware, Sarah M. Raben and McDermott Will & Emery on Mar 23, 2022
Posted In Appellate Courts, Court Procedure Matters, IRS Audits, IRS Guidance, Trial Courts
The fallout from taxpayer challenges to the Internal Revenue Service’s (IRS) “reportable transaction” regime continues. On March 21, 2022, the district court in CIC Servs., LLC v. IRS ruled in favor of the taxpayer, vacating Notice 2016-66 and ordering the IRS to return all documents and information produced pursuant to Notice 2016-66 to taxpayers and material...
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IRS Continues Focus on Hiring and Modernization of Technology
By Kevin Spencer and McDermott Will & Emery on Mar 17, 2022
Posted In IRS Guidance
We previously discussed the Internal Revenue Service’s (IRS) efforts to adjust to a remote environment by offering video meetings and secure messaging systems in order to maintain an efficient audit process. We also previously shared the IRS Office of Chief Counsel’s plan to hire up to 200 additional lawyers to assist with litigation matters. On...
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Former Tax Court Judge Gerber Passes Away
By Kevin Spencer and McDermott Will & Emery on Mar 9, 2022
Posted In Trial Courts, Uncategorized
The US Tax Court announced that former Judge Joel Gerber passed away on March 4, 2022. Judge Gerber retired from the Tax Court on July 16, 2020. Prior to his appointment to the Tax Court, Judge Gerber spent several years working for the Internal Revenue Service (IRS) in several cities around the country, including as...
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New Tax Court Chief Judge Announced
By Kevin Spencer and McDermott Will & Emery on Mar 1, 2022
Posted In Court Procedure Matters, Trial Courts
On February 25, 2022, the US Tax Court announced that Judge Kathleen Kerrigan has been elected the new Chief Judge and will serve a two-year term beginning June 1, 2022. Judge Kerrigan will replace Chief Judge Maurice B. Foley, who has served in the role since June 1, 2018. Judge Kerrigan was sworn into the...
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IRS Proposes New Process for Post-Filing Disclosures to Replace Revenue Procedure 94-69
By Kevin Spencer and McDermott Will & Emery on Feb 28, 2022
Posted In IRS Audits, IRS Guidance, Tax Refunds
For many years, the Internal Revenue Service (IRS) has provided large corporate taxpayers who are under continuous audit to make affirmative disclosures at the start of an audit so they have an opportunity to disclose tax positions and avoid certain civil tax penalties. The procedure, outlined in Revenue Procedure 94-69, has been very popular with...
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