No Relief Under §7430 for Administrative Fees Where No Notice of Deficiency Issued and Appeals Ruled in Favor of Taxpayer

IRC §7430 is a provision in the tax law meant to allow taxpayers to recover costs when the IRS acts unreasonably.  However, not all unreasonable conduct by the IRS that results in costs to the taxpayer will find redress in the provisions of IRC §7430, as the taxpayer in the case of Milligan v. Commissioner, TC Memo 2014‑259 discovered.

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Taxpayer Claimed American Opportunity Credit in Wrong Year, No Credit Allowed

Most tax professionals are fully aware that a tax benefit must be claimed in the specific year it is allowed and, generally, a taxpayer cannot pick and choose which year a benefit should be claimed in.  But taxpayers, even if they aren’t trying to game a system, may find it difficult to figure out which year a benefit should be claimed.

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Ruling Outlines Proper Treatment of Earn-Out When Sale Eventually Determined to Be a Loss Event Due to Failure to Meet Earn-Out Milestones

When a taxpayer sells a business the sales price often is both payable over time and, rather than being a fixed amount, ends up being a number based on the performance of the acquired business.  The latter is most often referred to as an “earn-out” provision and most often extends over a period of years.

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Memo Analyzes Proper Deduction of Mortgage Interest Where There are Multiple Obligors on the Note

Dealing with a home mortgage interest deduction when the property is held by more than one person and those individuals are paying on the mortgage but not filing a joint income tax return creates issues when preparing the tax returns for those individuals.  While taxpayers often believe the rule is “we can split it however we want,” Chief Counsel Advice 201451027 reminds us that there are rules that apply in these situations.

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