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ACA Repeal and Replacement 2016 Tax Year-In-Review Post-Election Tax Policy Update

Identity thieves now targeting businesses, IRS warns
The IRS recently reported good news about tax-related identity theft. Since 2015, the IRS has seen a decrease in identity theft of individuals. However, identity thieves are stepping up their scams ag...

401(k) loan taxable when payments missed
A loan from a 401(k) plan can be a valuable source of funds, especially when most other avenues for quick cash are unavailable. Aside for the admonition that retirement savings need to be kept for ret...

IRS examiners given instructions on handling partnership audit elections
The IRS has provided interim guidance to its examiners on handling early "opt-in" elections for the new centralized partnership audit regime, for tax periods beginning after November 2, 2015, and befo...

No “direct entry” allowed into less onerous offshore disclosure program
The D.C. Circuit Court of Appeals has affirmed that the Anti-Injunction Act (AIA) bars a taxpayer from switching from the earlier Offshore Voluntary Disclosure Program (OVDP) to the more favorable Str...

Pre-game meals fully deductible as de minimis fringe
Rebuffing the IRS, the Tax Court has found that a professional sports team (reportedly, the Boston Bruins) could deduct the full cost of pre-game meals for away games. The Tax Court held that the meal...

Not all penalties/interest may be suspended for disaster victims
IRS Chief Counsel has clarified that taxpayers affected by disasters, who had taxes due prior to the start of the postponement period granted for disaster relief, and who did not pay before that due d...

Supreme Court upholds ERISA exemption for church-affiliated pension plans
The U.S. Supreme Court, in Advocate Health Care Network v. Stapleton, SCt., June 5, 2017, has held that a defined benefit (DB) plan maintained by a principal-purpose organization, one controlled by or...

Chief Counsel limits reach of Mescalero in employment tax discovery
In what is likely not to be the end of the matter, IRS Chief Counsel has advised that the Tax Court decision on Mescalero, 148 TC —, No. 11, Dec. 60,867, earlier this year does not stand for the...

Over- and underpayment interest rates remain same for third quarter 2017
Although the Federal Reserves’ gradual interest rate increases may eventually impact the interest rates that the IRS uses to bill underpayments and pay on overpayments, they have not yet reached...

Tax Court finds lack of profit motive in auto racing business
An automobile racing enthusiast lacked an actual profit motive in running his business, the Tax Court has recently held. The taxpayer genuinely enjoyed racing but his pattern of losses as well as &ldq...

Software engineer denied deductions for Executive MBA degree
Expenses for an MBA degree may or may not be deductible depending upon a taxpayer’s current employment situation. Take two close cases with opposite results:In Creigh, TC Summary Opinion 2017-26...

President directs IRS to exercise discretion in enforcement of “Johnson amendment”
An Executive Order, issued on May 4, directs the IRS to exercise maximum discretion in its enforcement of the "Johnson amendment" concerning Code Sec. 501(c)(3) charitable/religious organizations. &nb...

IRS updates FAQs on passport certification
In 2015, Congress added Code Sec. 7345 as part of the Fixing America’s Surface Transportation Act of 2015 (FAST Act). Upon receiving certification of seriously delinquent tax debt from...

No equitable relief from missing tax court deadline for innocent spouse review
The Third Circuit Court of Appeals has found that the Tax Court properly dismissed for lack of jurisdiction an individual’s petition for review of the IRS’s denial of innocent spouse relie...

Stock broker proves real estate professional status for rental losses
Winning real estate professional status –and the benefits gained from taking business deductions and losses from an “active” rather than “passive” business-- often depend...

CBO reports on top tax incentives/expenditures
The Congressional Budget Office (CBO) issued a report in mid-March about current tax incentives. Tax expenditures, CBPO explained, reduce the amount of revenue that is collected for any given set of s...

IRS updates 401(k) hardship distributions exam materials
The IRS Tax Exempt and Government Entities Division (TE/GE) has updated guidance used to determine whether a Code Sec. 401(k) plan hardship meets the safe-harbor standards set forth in applicable regu...

Employee consent requirements for employer refund claims released
The IRS recently issued the employee consent requirements that an employer need to adhere to in order to support a claim for refund of overpaid taxes under the Federal Insurance Contributions Act (FIC...

New Offers in Compromise policy starts April 27
The IRS informed taxpayers and tax professionals of its updated policy with regards to the Offer in Compromise (OIC) application process. OIC applications received on or after March 27, 2017, will now...

Tax refund offsets may be used toward unpaid debts
A taxpayer who incurs an unpaid debt may notice a reduction in his or her federal tax refund. The Treasury Offset Program is allowed to use all or part of a taxpayer’s federal refund to settle u...

Passport certifications will begin in early 2017, IRS posts on website
The IRS has informed taxpayers via its website that the agency will begin, in early 2017, to remit certifications to the U.S. State Department for individuals who are seriously delinquent in paying th...

Tax returns lacking ACA coverage status will not be rejected
The IRS has announced that it will continue to process individual returns that do not report the taxpayer’s health coverage status under the Affordable Care Act (ACA). The IRS will accept return...

Dentist persuades Tax Court of material participation in real estate business
The Tax Court determined, in Zarrinnegar v. Commissioner, TC Memo. 2017-34, that a dentist by profession, was a real estate professional, and therefore could deduct rental real estate losses. As such,...

IRS confirms automatic six-month extension for C corporations
The IRS has confirmed that a new revision of the Instructions for Form 7004 correctly reflects that calendar year C corporations are eligible for an automatic six-month extension. Code Sec. 6081(a) pr...

Future pension payouts not counted as asset in determining insolvency exclusion
The Tax Court, in Schieber v. Commissioner, TC Memo. 2017-32, found that the right to a continuing monthly payment state pension plan was not an asset in determining insolvency for purposes of exclusi...

ME - Maine enacts headquarters credit
Maine Gov. Paul LePage has signed legislation that creates a refundable corporate and personal income tax credit for the construction or expansion of major business headquarters in the state as long a...

MA - Assessment of subdivision land found valid
A Massachusetts Court of Appeals has found that, for property tax purposes, land that was part of a continuous tract and subsequently divided was properly assessed since the evidence of overvaluation ...

NJ - Voluntary contributions allowed to boy scouts of America
New Jersey gross (personal) income taxpayers may now use their gross income tax returns to make voluntary contributions to the "Boy Scouts of America Councils in New Jersey Fund." To do so, ...

NY - New York addresses taxability of cloud collaboration service, including hardware and software
A taxpayer’s sale of a cloud collaboration service product is subject to New York state and local sales taxes because it constitutes prewritten software. The taxpayer’s purchase of hardwar...

PA - DOR discusses review programs
A Pennsylvania Department of Revenue newsletter discusses reviews of corporate income tax Schedule C; sales, use, and hotel occupancy tax; and electronic sales suppression.Schedule C ReviewCorporate i...

VT - Chart of fiscal year 2018 education property tax rates issued
The Vermont Department of Taxes has issued a chart of fiscal year 2018 education property tax rates for homestead and nonresidential properties. The chart is available on the department’s websit...

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