Tax Court Addresses Implied Waiver of the Attorney-Client Privilege
|
|
- Hubert Spencer
- 8 years ago
- Views:
Transcription
1 Tax Court Addresses Implied Waiver of the Attorney-Client Privilege The Tax Court Holds That Raising Good-Faith and State-of-Mind Defenses to Accuracy-Related Penalties Could Result in an Implied Waiver of the Attorney-Client Privilege SUMMARY On April 16, 2014, in AD Investment 2000 Fund LLC v. Commissioner, 142 T.C. No. 13, the Tax Court held that, by putting into issue their own legal knowledge, understanding, and beliefs with respect to a particular tax position in order to establish their defenses to accuracy-related penalties, taxpayers forfeited the attorney-client privilege with respect to certain communications relevant to the content and formation of such legal knowledge, understanding, and beliefs. The decision is a good reminder that a taxpayer may waive the attorney-client privilege when contesting the imposition of penalties notwithstanding that the taxpayer has not expressly relied on an opinion of tax counsel as its affirmative defense. DISCUSSION In two consolidated cases, each a partnership-level action, two partners (the partners ), each in a different partnership, petitioned the Tax Court for review of IRS determinations that adjusted partnership items and also imposed accuracy-related penalties for transactions that in similar circumstances the IRS and the courts have characterized as tax shelters. In support of its penalty determinations, the IRS had asserted that the underpayment of tax was attributable to (1) a substantial understatement of income tax, (2) a gross valuation misstatement, or (3) negligence or disregard of the rules and regulations. The Tax Court decision did not address the merits of the transactions themselves; instead, the decision addressed only an IRS motion to compel production of six tax opinion letters from the partnerships legal counsel that New York Washington, D.C. Los Angeles Palo Alto London Paris Frankfurt Tokyo Hong Kong Beijing Melbourne Sydney
2 apparently advised the partnerships that it was more likely than not that the anticipated tax benefits of the transactions would be upheld for federal income tax purposes. In contesting the motion to compel production of the tax opinions, the partners argued that the partnerships were not required to produce the tax opinions to the IRS because each tax opinion was a privileged communication between attorney and client. The IRS responded that, notwithstanding that the tax opinions constituted attorney-client communications, the attorney-client privilege had been waived under the common-law doctrine of implied waiver because the partnerships (acting through the partners) placed otherwise privileged matters in controversy by relying on affirmative defenses to the penalties that turned on the partnerships beliefs or state of mind. The partners raised two defenses with respect to the penalties, one with respect to all three grounds raised by the IRS to support its penalty determinations and one only with respect to the substantial understatement of income tax. With respect to all three grounds, the partners asserted that the partnerships and their partners had reasonable cause for and acted in good faith with respect to the tax treatment of any items resulting in the asserted underpayment of tax. With respect to the substantial understatement of income tax, the partners asserted that the partnerships and their partners had substantial authority for their tax position and that the partnerships and their partners reasonably believed that their tax position was more likely than not the proper tax treatment. 1 The Tax Court stated that, with respect to the substantial-authority defense, a taxpayer could satisfy the reasonable belief requirement by either one of two ways. First, a taxpayer could show that it itself analyzed the pertinent facts and authorities and, in reliance upon that analysis, reasonably concluded in good faith that there was a greater than fifty-percent likelihood that the tax treatment of the item would be upheld if challenged by the IRS (the self-determination method). Second, a taxpayer could rely on the tax opinion of a professional tax advisor if the tax opinion was based on the tax advisor s analysis of the pertinent facts and authorities and unambiguously stated that the tax advisor concluded that there was a greater than fifty-percent likelihood that the tax treatment of the item would be upheld if challenged by the IRS (the reliance on professional advice method). The IRS conceded that the partners raised only the first method (self-determination) and not the second method (reliance on professional advice) to show that the partnerships satisfied the belief requirement of the substantial-authority defense. Nevertheless, the IRS argued that the partners had still placed the tax opinions in controversy by relying on reasonable cause/good faith and reasonable-belief defenses that put into issue the partnerships beliefs. The IRS argued that, even under the first method, the tax opinions were relevant to the subjective inquiries into reasonableness and good faith, which in turn placed 1 The cases involved the 2000 tax year. For tax years ending after October 22, 2004, taxpayers may no longer use the substantial-authority defense for any item attributable to a tax shelter as defined in Section 6662(d)(2)(C)(ii) of the Internal Revenue Code. -2-
3 into issue the state of mind of the principal of the partnerships. In disputing the IRS s arguments, the partners argued that (1) neither of their defenses even alluded to any reliance on counsel, (2) the mere fact that an attorney-client communication is relevant is not enough to waive the attorney-client privilege, and (3) a general good faith defense does not waive the privilege. The Tax Court engaged in a more nuanced analysis than either the IRS or the partners. Citing in particular two cases from the U.S. Court of Appeals for the Second Circuit 2 (to which appeal in the cases presumptively lies), the Tax Court looked at the facts and the specific context of the assertion of the privilege and decided that fairness required disclosure of the six tax opinions to the IRS. Following established precedent, the Tax Court stated that a taxpayer may forfeit the privilege afforded attorney-client communications by putting into issue the taxpayer s subjective intent in deciding how to comply with the law. While an objective defense that a person did in fact follow the law does not waive the privilege, the Tax Court observed that a subjective defense that the person acted in good faith may waive the privilege otherwise protecting attorney-client communications with respect to the law in question. Once a party brings its knowledge and beliefs regarding the law into issue, the other party is entitled to discover the basis of that knowledge and those beliefs. Turning to the facts of the cases, the Tax Court found that, by arguing self-determination, the partners put three things into contention: (1) the partnerships knowledge of the pertinent legal authorities, (2) the partnerships understanding of those legal authorities and their application of that law to the facts, and (3) the partnerships belief that, if challenged, their tax positions would more likely than not succeed in the courts. The partners thus placed the partnerships legal knowledge, understanding, and beliefs into contention, and the Tax Court found those to be topics upon which the tax opinions could bear. Therefore, the Tax Court held that if the partners wanted to rely on the legal knowledge, understanding, and beliefs of someone acting for the partnerships (the principal of the partnerships) to establish that the partnerships reasonably and in good faith believed that their claimed tax treatment of the items in question was more likely than not the proper treatment, it was only fair that the IRS be allowed to inquire into the bases of that person s knowledge, understanding, and beliefs, including the tax opinions (if that individual considered them in forming his knowledge, understanding, and beliefs). Noting that the partners did not dispute that the six tax opinions were relevant to the good-faith element of the partners defense of reasonable cause and good faith, the Tax Court held that the same analysis applied equally to that penalty defense as well. The bottom line, according to the Tax Court, was that, by placing the partnerships legal knowledge and understanding into issue in an attempt to establish the partnerships reasonable legal beliefs in good faith 2 United States v. Bilzerian, 926 F.2d 1285 (2d Cir. 1991), and Pritchard v. County of Erie (In re County of Erie), 546 F.3d 222 (2d Cir. 2008). -3-
4 arrived at (a good-faith and state-of-mind defense), petitioners [i.e., the partners] forfeit the partnerships privilege protecting attorney-client communications relevant to the content and the formation of their legal knowledge, understanding, and beliefs. What does this decision mean for taxpayers and tax advisors? First, the Tax Court noted that, even though the partners did not rely on professional advice to contest the penalties, the partnerships apparently received the tax opinions well before their tax returns were due, and the partners never claimed that those acting for the partnerships ignored the tax opinions. Consequently, one may interpret the Tax Court s decision as simply reaffirming a general principle in the specific context of tax cases: taxpayers may not use the attorney-client relationship as a sword to justify their actions and, at the same time, as a shield to prevent the IRS from looking at the advice of counsel. Second, if a taxpayer puts into issue its own knowledge, understanding, and beliefs regarding a tax position, or its good faith with respect thereto, any relevant legal opinion or other advice or analysis, whether it supports the tax position or not, may come into play. Finally, the decision reminds us that, notwithstanding the care taxpayers and tax advisors take to preserve the attorney-client privilege, courts may still find implied waiver in many situations. Moreover, it may often be necessary to waive the attorney-client privilege in order to establish a defense to penalties. * * * Copyright Sullivan & Cromwell LLP
5 ABOUT SULLIVAN & CROMWELL LLP Sullivan & Cromwell LLP is a global law firm that advises on major domestic and cross-border M&A, finance, corporate and real estate transactions, significant litigation and corporate investigations, and complex restructuring, regulatory, tax and estate planning matters. Founded in 1879, Sullivan & Cromwell LLP has more than 800 lawyers on four continents, with four offices in the United States, including its headquarters in New York, three offices in Europe, two in Australia and three in Asia. CONTACTING SULLIVAN & CROMWELL LLP This publication is provided by Sullivan & Cromwell LLP as a service to clients and colleagues. The information contained in this publication should not be construed as legal advice. Questions regarding the matters discussed in this publication may be directed to any of our lawyers listed below, or to any other Sullivan & Cromwell LLP lawyer with whom you have consulted in the past on similar matters. If you have not received this publication directly from us, you may obtain a copy of any past or future related publications from Stefanie S. Trilling ( ; trillings@sullcrom.com) in our New York office. CONTACTS New York Andrew S. Mason masona@sullcrom.com Jeffrey S. Arbeit arbeitj@sullcrom.com James R. Gadwood gadwoodj@sullcrom.com Alan D. Kravitz kravitza@sullcrom.com Washington, D.C. Donald L. Korb korbd@sullcrom.com London S. Eric Wang wangs@sullcrom.com -5- SC1:
Deductibility of Fiduciary Expenses
IRS Publishes Final Regulations on Deductibility of Fiduciary Expenses Incurred by Estates and Trusts SUMMARY On May 8, 2014, the Treasury Department and the Internal Revenue Service ( IRS ) adopted final
More informationSupreme Court Decision Affirming Judicial Right to Review EEOC Actions
Supreme Court Decision Affirming Judicial Right to Review EEOC Actions The Supreme Court Holds That EEOC s Conciliation Efforts Are Subject to Judicial Review, Albeit Narrow SUMMARY A unanimous Supreme
More informationIRS Addresses Consequences of Purchasing and Selling Life Insurance Contracts
IRS Addresses Consequences of Purchasing and Selling Life Insurance Contracts Revenue Rulings Provide Guidance to Policyholders Who Surrender or Sell Life Insurance Contracts and to Investors Who Purchase
More informationIRS Issues Audit Directive on Worthless Debt Deductions for Banks and Bank Affiliates
October 29, 2014 IRS Issues Audit Directive on Worthless Debt Deductions for Banks and Bank Affiliates LBI Directs Its Auditors Not to Challenge Certain Worthless Debt Deductions SUMMARY The Large Business
More informationCourt Addresses (Again!) Employee Stock Option Expenses for Transfer Pricing Purposes
Court Addresses (Again!) Employee Stock Option Expenses for Transfer Pricing Purposes Ninth Circuit Reverses Itself and Holds that the Arm s-length Standard Controls in Determining if Employee Stock Option
More informationIRS Offshore Voluntary Disclosure Program
IRS Launches Third Offshore Voluntary Disclosure Program SUMMARY On January 9, 2012, the Internal Revenue Service (the IRS ) issued a news release announcing that the IRS is opening a third Offshore Voluntary
More informationPartnership Tax Audits
New Audit Regime Allows IRS to Assess and Collect Tax at the Partnership Level SUMMARY The Bipartisan Budget Act of 2015 (the Budget Act) replaces the current partnership audit procedures with a very different
More informationNew York State Labor Law Amendments Affecting Proof in Pay Discrimination Cases and Employer Policies Concerning Wage Disclosure
New York State Labor Law Amendments Affecting Proof in Pay Discrimination Cases and Employer Policies Concerning Wage Disclosure Amendments Alter Burden of Proof in Gender-Based Pay Cases and Bar Employer
More informationPartnership Debt-for-Equity Exchanges
IRS Issues Final Regulations on Cancellation of Indebtedness Income and Other Consequences of an Exchange of Partnership Debt for Partnership Equity SUMMARY The Internal Revenue Service (the IRS ) recently
More informationNew York City Council Passes Bill Banning Use of Credit Checks in Employment Decisions
New York City Council Passes Bill Banning Use of Credit Checks in Employment Decisions Amendment to the New York City Human Rights Law Makes It an Unlawful Discriminatory Practice for Most Employers to
More informationSupreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors
Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel.
More informationDepartment of Labor Proposes New Overtime Regulations
Department of Labor Proposes New Overtime Regulations DOL Proposes Substantially Raising Salary Thresholds Used in Determining Who Is Exempt from Overtime Pay and Requests Comments on Potential Changes
More informationDodd-Frank Whistleblower Provision
Second Circuit, Disagreeing with Fifth Circuit, Defers to SEC s Interpretation of Dodd-Frank Whistleblower Definition and Holds That Internal Whistleblowers Are Entitled to Pursue Dodd-Frank Retaliation
More informationDue Diligence in Regulation D Offerings
FINRA Provides Guidance on the Obligation of Broker-Dealers to Conduct Reasonable Investigations in Regulation D Offerings SUMMARY FINRA has published a regulatory notice providing guidance to broker-dealers
More informationNew York Court of Appeals Announces New Rules Governing Practice in New York by Attorneys Not Admitted in the State
New York Court of Appeals Announces New Rules Governing Practice in New York by Attorneys Not Provisions Permit Temporary Practice by Non-New York Attorneys and Registration of Non-U.S. Lawyers as In-House
More informationBroker-Dealer Audit and Reporting Updates
PCAOB Report and New SEC Rules Address Audit, Financial Reporting, Internal Control and Risk Management Issues Relating to Broker-Dealers These Developments May Be Relevant for Audit Committees of Public
More informationCourt Addresses Employee Stock Option Expenses for Transfer Pricing Purposes
Court Addresses Employee Stock Option Expenses for Transfer Pricing Purposes Ninth Circuit Overturns Tax Court and Holds That Expenses Attributable to Employee Stock Options Are Costs of Developing Intangibles
More informationInternal Revenue Service Issues Regulations Affecting REIT Conversions and Spinoffs
Internal Revenue Service Issues Regulations Affecting REIT Conversions and Spinoffs IRS and Treasury Issue Regulations to Extend the Period During Which a REIT Is Subject to Corporate Tax on Built-in Gains
More informationFBAR Reporting Requirements for Foreign Financial Accounts
FBAR Reporting Requirements for Foreign Financial Accounts FinCEN Releases Notice of Proposed Rulemaking to Revise Certain Provisions of the FBAR Regulations SUMMARY The Financial Crimes Enforcement Network
More informationNew York Employment Law Update
Recent Legislative Developments in New York State Regarding Reductions in Force and Criminal Conviction Records SUMMARY A number of new New York State statutes of significance to employers will soon become
More informationNew York State Tax Developments
New York State Executive Budget Proposal Would Make Important Changes to Tax Laws Affecting Individuals and Trusts SUMMARY On January 19, 2010, New York State Governor David A. Paterson released his executive
More informationPerez v. Mortgage Bankers Association
Supreme Court Holds that Agencies Can Amend or Repeal Interpretive Rules Without Notice-and-Comment Procedures SUMMARY The U.S. Supreme Court yesterday held that agencies are not required to follow notice-and-comment
More informationReporting Requirements for Foreign Financial Accounts
Reporting Requirements for Foreign Financial Accounts Proposed FinCEN Regulations and IRS Guidance On Foreign Bank and Financial Account Reporting SUMMARY On February 26, the IRS issued Notice 2010-23
More informationIRS Issues Final and New Proposed Regulations Implementing the 3.8% Tax on Investment Income
IRS Issues Final and New Proposed Regulations Implementing the 3.8% Tax on Investment Income Final Regulations and New Proposed Regulations Implement the 3.8% Tax on Net Investment Income of Individuals,
More informationSection 4371 Excise Tax on Insurance and Reinsurance Contracts
Section 4371 Excise Tax on Insurance and Reinsurance Contracts D.C. Circuit Holds that Federal Excise Tax Does Not Apply to Wholly Foreign Retrocession Agreements SUMMARY On May 26, 2015, in Validus Reinsurance,
More informationSarbanes-Oxley Whistleblower Provision
U.S. Supreme Court Significantly Expands Sarbanes-Oxley Whistleblower Provision to Include Employees of Non-Public Contractors and Subcontractors of Public Companies SUMMARY In Lawson v. FMR LLC, No. 12-3
More informationWhistleblower Provisions
SEC Issues Final Rules Implementing the Dodd-Frank Whistleblower Provisions SUMMARY On May 25, 2011, the Securities and Exchange Commission voted 3 to 2 to approve the final rules implementing the whistleblower
More informationChanges to New York Power of Attorney Law
New York Amends Power of Attorney Law Retroactively SUMMARY The New York Legislature has now passed, and the Governor has signed, amendments to the New York Power of Attorney Law, Sections 5-1501 5-1514
More informationHong Kong Enacts a Statutory Disclosure Regime
Statutory Obligation for Hong Kong-Listed Corporations to Disclose Price Sensitive Information Becoming Effective on January 1, 2013 SUMMARY With effect from January 1, 2013, Hong Kong will implement a
More informationPrivate Securities Fraud Claims Under Section 10(b) Based on False or Misleading Statements
Private Securities Fraud Claims Under Section 10(b) Based on False or Misleading Statements U.S. Supreme Court Holds that Private Actions May Be Brought Only Against Parties With Ultimate Authority Over
More informationEqual Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.: Religious Accommodation in the Workplace
Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.: Supreme Court Clarifies that an Employer Can Be Liable for Failing To Accommodate a Religious Practice that the Employer Suspects,
More informationNYSE Amends Rule on Material News Notification and Trading Halts
NYSE Amends Rule on Material News Notification and Trading Halts NYSE Extends the Pre-Market Notification Period During Which Listed Companies Are Required to Notify the NYSE Prior to Disseminating Material
More informationRegistered Adviser Custody Rules
SEC Adopts Final Rules and Issues Guidance to Safeguard the Custody of Client Assets by Investment Advisers SUMMARY The SEC has adopted and published amendments to Rule 206(4)-2 under the Investment Advisers
More informationFDIC Temporary Liquidity Guarantee Program
FDIC Temporary Liquidity Guarantee Program The FDIC Issues Interim Rule Regarding Temporary Liquidity Guarantee Program SUMMARY On Thursday, October 23, the Federal Deposit Insurance Corporation ( FDIC
More informationEU State Aid and Tax Law
European Court finds that Spanish tax rules were not unlawful state aid because they did not give a selective advantage SUMMARY In two recent cases on fiscal state aid, the General Court of the European
More informationChanges to New York Power of Attorney Law
Changes to New York Power of Attorney Law New York Imposes New Requirements on All Powers of Attorney Executed in New York by Individuals Effective September 1, 2009 SUMMARY Effective September 1, 2009,
More informationDefending Taxpayer Penalties - Audit, Appeals and Litigation Considerations
Walter Doggett, VP Taxes, E*Trade Tom Cullinan, Partner, Sutherland Joe DePew, Partner, Sutherland Defending Taxpayer Penalties - Audit, Appeals and Litigation Considerations 1 Accuracy-Related Penalties
More informationCorporate Governance of Delaware Corporations
Corporate Governance of Delaware Corporations Delaware Adopts Amendments to the Delaware General Corporation Law Relating to Corporate Governance SUMMARY The Delaware legislature has enacted a number of
More informationGerman Merger Control
German Federal Cartel Office Publishes Draft Guidelines on Jurisdiction for Merger Review SUMMARY On 5 December 2013, the German Federal Cartel Office (Bundeskartellamt) published new draft guidelines
More informationCFTC Chairman Seeks Additional Authority for CFTC
CFTC Chairman Seeks Additional Authority for CFTC Chairman Gensler Requests Clarifying Language for CFTC Regulatory Authority Under the Over-the-Counter Derivatives Markets Act of 2009 SUMMARY In response
More informationCurrent Market Conditions Create Opportunities for Estate Planning Strategies
Current Market Conditions Create Opportunities for Strategies SUMMARY The recent decline in stock prices and today s low interest rates for intra-family loans present a unique opportunity to transfer wealth
More informationThe Court held that the doctrine applies both in plenary proceedings in the Delaware state courts and to inspections under Section 220.
Wal-Mart v. IBEW: Delaware Supreme Court Authorizes Books and Records Discovery of Internal Investigation Under Section 220 of the Delaware General Corporation Law and Adopts Garner Exception SUMMARY On
More informationIRS Issues Proposed Regulations on Tax Return Preparer Penalty Rules Under Sections 6694 and 6695
July 2008 IRS Issues Proposed Regulations on Tax Return Preparer Penalty Rules Under Sections 6694 and 6695 BY MARK S. LANGE AND CRISTIANE R. WOLFE Introduction On May 16, 2008, the Internal Revenue Service
More informationDeposit Insurance Assessment System
The FDIC Issues a Final Rule Regarding Changes to the Ratios and Ratio Thresholds to Align the With U.S. Basel III Capital Rules On November 18, 2014, the Federal Deposit Insurance Corporation (the FDIC
More informationPURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2009-150 UNITED STATES TAX COURT KENNETH D. AND TRUDI A. WOODARD,
More informationChinese Affiliates of Big Four Accounting Firms Ordered Barred from Practicing Before the SEC for Six Months; Suspension Stayed Pending Appeal
Chinese Affiliates of Big Four Accounting Firms Ordered Barred from Practicing Before the SEC for Six Months; Suspension Stayed Pending Appeal Administrative Law Judge Finds that the Firms Willfully Refused
More informationThe FTT will be due irrespective of whether the acquisition is carried out by a company or an individual.
French Parliament Adopts Proposed Legislation on Financial Transaction Tax with Few Amendments SUMMARY Draft legislation to introduce a financial transaction tax (the FTT ) in France was presented by the
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 10-50312 Document: 00511260192 Page: 1 Date Filed: 10/12/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D October 12, 2010 Summary
More informationUNITED STATES TAX COURT. FRANKLIN M. AND ERLINDA L. SYKES, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2010-84 UNITED STATES TAX COURT FRANKLIN M. AND ERLINDA L. SYKES, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 7275-08. Filed April 21, 2010. R determined a deficiency
More informationT.C. Memo. 2014-250 UNITED STATES TAX COURT. STEVEN EDWARD HILLMAN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2014-250 UNITED STATES TAX COURT STEVEN EDWARD HILLMAN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 30942-12. Filed December 15, 2014. Steven Edward Hillman, pro se.
More informationCriminal Defense and Investigations
Fraud Enforcement and Recovery Act of 2009 SUMMARY On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act of 2009 ( FERA ), a statute intended to strengthen the federal
More informationBank Levies in the UK, France and Germany
Bank Levies in the UK, France and Germany A Comparison of the New Levies on Banks SUMMARY The United Kingdom, France and Germany have all recently finalised, or are in the process of finalising, details
More informationPURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2005-14 UNITED STATES TAX COURT AGNES T. BOSCO, Petitioner v. COMMISSIONER
More informationT.C. Memo. 2015-26 UNITED STATES TAX COURT. RICHARD E. SNYDER AND MARION B. SNYDER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2015-26 UNITED STATES TAX COURT RICHARD E. SNYDER AND MARION B. SNYDER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent RICHARD E. SNYDER AND MARION SNYDER, Petitioners v. COMMISSIONER
More informationBEWARE: LEGAL PRIVILEGE RULES DIFFER BETWEEN THE U.S. AND THE EU
CLIENT MEMORANDUM BEWARE: LEGAL RULES DIFFER BETWEEN THE U.S. AND THE EU I. Introduction Jurisdictions in the United States and Europe differ significantly in their approach to the privilege afforded to
More informationBEFORE THE HEARING OFFICER OF THE TAXATION AND REVENUE DEPARTMENT OF THE STATE OF NEW MEXICO
BEFORE THE HEARING OFFICER OF THE TAXATION AND REVENUE DEPARTMENT OF THE STATE OF NEW MEXICO IN THE MATTER OF THE PROTEST OF DLORAH, INC. d/b/a NATIONAL AMERICAN UNIVERSITY No. 02-31 ID NO. 02-180159-00
More informationDealing with Conflicts of Interest and Related Issues in 9100 Situations. Standards of Tax Practice Committee ABA Tax Section Washington, DC, May 6
Dealing with Conflicts of Interest and Related Issues in 9100 Situations Standards of Tax Practice Committee ABA Tax Section Washington, DC, May 6 Panelists Fred F. Murray, Grant Thornton LLP, Washington,
More informationRecent Developments Regarding Entity Classification for UK Tax Purposes
Recent Developments Regarding Entity Classification for UK Tax Purposes Anson v. HMRC is a Delaware LLC tax-transparent? SUMMARY The question as to whether a non-uk entity such as a Delaware limited liability
More informationPURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2013-37 UNITED STATES TAX COURT CHARLES MELLOR HARGREAVES AND KARIMA
More informationCalifornia Supreme Court Issues Ruling in Brinker Clarifying Employers Duty to Provide Meal and Rest Breaks to Hourly Employees
APRIL 13, 2012 CALIFORNIA EMPLOYMENT & LABOR UPDATE California Supreme Court Issues Ruling in Brinker Clarifying Employers Duty to Provide Meal and Rest Breaks to Hourly Employees In one of the most anticipated
More informationSTATE OF NEW YORK PUBLIC SERVICE COMMISSION
COMMISSIONERS PRESENT: Patricia L. Acampora, Chairwoman Maureen F. Harris Robert E. Curry, Jr. Cheryl A. Buley STATE OF NEW YORK PUBLIC SERVICE COMMISSION At a session of the Public Service Commission
More informationT.C. Memo. 2012-71 UNITED STATES TAX COURT. SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2012-71 UNITED STATES TAX COURT SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 20420-09. Filed March 15, 2012. 1. Held: Ps have failed
More informationPURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2014-33 UNITED STATES TAX COURT DEREK W. SOMOGYI, Petitioner v. COMMISSIONER
More informationT.C. Memo. 2014-217 UNITED STATES TAX COURT. JACQUELINE D. BURRELL, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2014-217 UNITED STATES TAX COURT JACQUELINE D. BURRELL, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8349-12. Filed October 14, 2014. Michael Stephen McNair, for petitioner.
More informationFrench 50% Withholding Tax on Interest Paid in Tax Havens
French 50% Withholding Tax on Interest Paid in Tax Havens Administrative Guidelines Provide for Safe Harbors under Which Interest Paid with Respect to Certain Notes Would Be Exempt SUMMARY Interest paid
More informationOverview of Common Civil Penalties Asserted by the IRS
Overview of Common Civil Penalties Asserted by the IRS December, 2008 Bob Kane Rob McCallum LeSourd & Patten, P.S. INTRODUCTION In 1989, Congress enacted legislation substantially revising the civil penalty
More informationRegistration Process for Security-Based Swap Entities
Registration Process for Security-Based Swap Entities SEC Proposes Rules on Registration of Security-Based Swap Dealers and Major Security-Based Swap Participants SUMMARY On October 12, 2011, the SEC proposed
More informationT.C. Memo. 2009-250 UNITED STATES TAX COURT. HARVEY S. AND WILLYCE BARR, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2009-250 UNITED STATES TAX COURT HARVEY S. AND WILLYCE BARR, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8705-08. Filed November 3, 2009. Harvey S. Barr, for petitioners.
More informationIn this issue: Tax Controversy Services IRS Insights July 2015. IRS Insights Page 1 of 8 Copyright 2015 Deloitte Development LLC
Tax Controversy Services IRS Insights In this issue: A District Court Holds IRS s Assessment of a Reportable Transaction Penalty was Untimely under Section 6501(c)(10) as IRS Had Been Furnished the Required
More informationThe Devil Is in the Details About the Author: Alvin Brown, Esq.
The About the Author: Alvin Brown, Esq. had a 27-year career as a tax attorney manager in the Office of the IRS Chief Counsel, followed by three years as a tax lobbyist with Liz Robbins & Associates. Alvin
More informationChapter 25. Tax Administration and Practice. Eugene Willis, William H. Hoffman, Jr., David M. Maloney and William A. Raabe
Chapter 25 Tax Administration and Practice Eugene Willis, William H. Hoffman, Jr., David M. Maloney and William A. Raabe Copyright 2004 South-Western/Thomson Learning Tax Administration (slide 1 of 3)
More informationTerms and Conditions for Tax Services
Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we
More informationPURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2014-1 UNITED STATES TAX COURT STEVEN C. GIST AND CONSTANCE L. GIST,
More informationThinking About Controversy at the Planning Stage
Anticipating the Audit Call Thinking About Controversy at the Planning Stage By John W. Porter, Stephanie Loomis-Price, and Charles E. Hodges II Corbis Have you considered the effect of the attorney-client
More informationNew York State and City Tax Law Changes
2010-2011 New York State Budget Is Enacted Four Months Late Imposes Tax Increases on Individuals and Corporations SUMMARY The 2010-2011 New York State Budget (the Budget ) was enacted on August 4, 2010,
More informationT.C. Memo. 2012-127 UNITED STATES TAX COURT. ALTA F. ELLIS-BABINO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2012-127 UNITED STATES TAX COURT ALTA F. ELLIS-BABINO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 26355-09. Filed May 2, 2012. R disallowed P s claimed $1 million
More informationETHICAL ISSUES IN THE EMPLOYMENT CONTEXT
ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT Mark J. Oberti Oberti Sullivan LLP 723 Main Street, Suite 340 Houston, Texas 77002 (713) 401-3556 mark@osattorneys.com Edwin Sullivan Oberti Sullivan LLP 723 Main
More informationSeptember Edition of Notable Cases and Events in E-Discovery
SEPTEMBER 24, 2014 E-DISCOVERY UPDATE September Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues:
More informationNew E-Discovery Rules: Is Your Company Prepared?
November 2006 New E-Discovery Rules: Is Your Company Prepared? By Maureen O Neill, Kirby Behre and Anne Nergaard On December 1, 2006, amendments to the Federal Rules of Civil Procedure ( FRCP ) concerning
More informationPURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2012-74 UNITED STATES TAX COURT CHARLES GRANT BEECH AND ELIZABETH
More informationHow To Decide Whether To Prosecute A Business Or Organization
Alert Memo NEW YORK JUNE 10, 2010 Manhattan District Attorney s Office Issues Guidelines Regarding the Prosecution of Businesses and Organizations The District Attorney of the County of New York (the DANY
More informationNO. 5-09-0460 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT
NOTICE Decision filed 02/09/11. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. NO. 5-09-0460 IN THE APPELLATE COURT
More informationAccuracy-Related Year. Penalty 2005 $25,057.80 2006 $11,472.40 2007 $24,932.60. For Appellants: Richard H. Levin 2
Mai C. Tran Tax Counsel Board of Equalization, Appeals Division 0 N Street, MIC: PO Box Sacramento CA Tel: () - Fax: () - Attorney for the Appeals Division BOARD OF EQUALIZATION STATE OF CALIFORNIA STATE
More informationThe Tax Court Holds that Raising the Reasonable Cause and Good Faith Defense to the Accuracy-Related Penalty May Cause a Waiver of Privilege
Tax Controversy Services IRS Insights In this issue: The Tax Court Holds that Raising the Reasonable Cause and Good Faith Defense to the Accuracy-Related Penalty May Cause a Waiver of Privilege... 1 Tax
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case 1:08-cr-00223-DAE Document 315 Filed 03/09/12 Page 1 of 8 PageID #: 7322 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII UNITED STATES OF AMERICA, vs. Plaintiff-Respondent. DAVID OPOLLO
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA. City of Philadelphia : : v. : No. 85 C.D. 2006 : Argued: November 14, 2006 James Carpino, : Appellant :
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Philadelphia : : v. : No. 85 C.D. 2006 : Argued: November 14, 2006 James Carpino, : Appellant : BEFORE: HONORABLE ROBERT SIMPSON, Judge HONORABLE MARY
More informationSelf-reporting is getting complicated: Balancing FINRA's rule 4530 and the SEC's whistleblowing requirements
Self-reporting is getting complicated: Balancing FINRA's rule 4530 and the SEC's whistleblowing requirements Jun 30 2011 K. Susan Grafton recommended FINRA rule 4530 will take effect on July 1, 2011. The
More informationT.C. Memo. 2006-235 UNITED STATES TAX COURT. JORGE O. AND CLELIA E. SVOBODA, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2006-235 UNITED STATES TAX COURT JORGE O. AND CLELIA E. SVOBODA, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 13195-04. Filed November 2, 2006. Jorge O. and Clelia
More informationT.C. Memo. 2013-187 UNITED STATES TAX COURT. STAFFMORE, LLC, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2013-187 UNITED STATES TAX COURT STAFFMORE, LLC, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 13101-12. Filed August 15, 2013. respondent. Thomas J. Profy IV and John
More informationDetermining Tax Liability Under Section 505(a) of the Bankruptcy Code
Determining Tax Liability Under Section 505(a) of the Bankruptcy Code Section 505(a) of the Bankruptcy Code (the Code ) provides the means by which a debtor or trustee in bankruptcy may seek a determination
More informationNOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
More informationAgreement for 2015 S Corporation Income Tax Preparation
Agreement for 2015 S Corporation Income Tax Preparation Dear Client: We will prepare the federal, resident state and city S-corporation income tax returns for for the year ended December 31, 2015 and we
More informationSUMMARY. June 15, 2016
Ambac Assurance Corp. v. Countrywide Home Loans, Inc. New York Court of Appeals Declines to Extend Common- Interest Doctrine to Merger Parties Pre- Closing Communications New York s Highest Court Reverses
More informationCyber Risks in the Boardroom
Cyber Risks in the Boardroom Managing Business, Legal and Reputational Risks Perspectives for Directors and Executive Officers Preparing Your Company to Identify, Mitigate and Respond to Risks in a Changing
More informationIRS Issues Final Regulations Governing Options Granted Under Employee Stock Purchase Plans. December 24, 2009
IRS Issues Final Regulations Governing Options Granted Under Employee Stock Purchase Plans December 24, 2009 On November 16, the Internal Revenue Service (IRS) issued final regulations with respect to
More informationThe Affordable Care Act s Employer Mandate: Guidance for Educational Organizations
March 4, 2014 Practice Group(s): Employee Benefits Benefits, ESOPs, and Executive Compensation The Affordable Care Act s Employer Mandate: Guidance for Educational By Lynne Shore Wakefield and Emily D.
More informationScope of Criminal Insider Trading Liability for Remote Tippees
Scope of Criminal Insider Trading Liability for Remote Tippees United States v. Newman: Second Circuit Reverses Insider Trading Convictions; Requires That Tippee Know of Benefit Received by Insider; Strengthens
More informationgrouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)
ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved
More informationHouse Financial Services Draft OTC Derivatives Legislative Proposal
House Financial Services Draft OTC Derivatives Legislative Proposal House Financial Services Chairman Barney Frank Releases Discussion Draft of the Over-the-Counter Derivatives Markets Act of 2009, on
More informationT.C. Memo. 2014-21 UNITED STATES TAX COURT. ALVAN L. BOBROW AND ELISA S. BOBROW, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2014-21 UNITED STATES TAX COURT ALVAN L. BOBROW AND ELISA S. BOBROW, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 7022-11. Filed January 28, 2014. Alvan L. Bobrow and
More information