HBM Holdings Co. v. Commissioner, 167 T.C. No. 6 (July 27, 2026)

The United States Tax Court recently issued a reported decision in HBM Holdings Co. v. Commissioner, 167 T.C. No. 6 (2026), providing critical guidance on the intersection of Section 381 corporate liquidations, the "lonely parent" exception, and the Separate Return Limitation Year (SRLY) subgroup rules. For tax professionals advising corporate groups, this case underscores the rigidity of the consolidated return regulations and serves as a stark reminder that the Tax Court will not substitute "economic reality" or "common control" arguments for the explicit text of the Treasury Regulations.

This article provides a technical analysis of the facts in HBM Holdings, the taxpayer’s arguments for relief, the court's structural analysis of the consolidated return regulations, and the ultimate planning lessons for CPAs and tax practitioners.

I Health and Life Insurance Services v. United States, No. 25-1315T, United States Court of Federal Claims, July 23, 2026

For tax professionals advising clients on the Employee Retention Credit (ERC), the litigation landscape continues to evolve, establishing rigorous pleading and evidentiary standards. In I Health and Life Insurance Services v. United States, the United States Court of Federal Claims addressed the critical "suspension-of-business" prong under 26 U.S.C. § 3134(c)(2)(A)(ii)(I). The court's decision, authored by Judge Armando O. Bonilla, highlights the high bar taxpayers must clear to survive a motion for judgment on the pleadings under Rule 12(c) of the Rules of the United States Court of Federal Claims (RCFC). Specifically, the court held that a taxpayer must allege that government-mandated occupancy restrictions and worker exclusions caused a "discrete, more-than-nominal portion" of its active trade or business to temporarily cease. While finding that I Health failed to sufficiently plead a partial suspension, the court deferred ruling on the government's motion and granted the taxpayer leave to amend, recognizing the newly emerging precedents in the Circuit.

IRS PLR 202630002, July 24.2026

The Internal Revenue Service (IRS) has recently completed a notable regulatory about-face that carries significant planning implications for life insurance companies and tax professionals advising on variable annuity contracts. In Private Letter Ruling (PLR) 202630002, issued on April 28, 2026, and released to the public on July 24, 2026, the Service retroactively revoked PLR 202426001. This retroactive revocation effectively reinstates a critical tax deferral ruling originally issued in PLR 201424014 regarding the application of the constructive receipt doctrine to a unique variable term certain annuity payout option. For corporate and individual tax planners, this development underscores the durability of the tax deferral benefits under Internal Revenue Code (I.R.C.) § 72, whilst highlighting the complex administrative procedures governing the revocation and reinstatement of letter rulings.

Final Release: Revised Interpretation Tax Services (ET sec. 1.295.160), AICPA Professional Ethic Executive Committee, July 15, 2026

The AICPA Professional Ethics Executive Committee (PEEC) has adopted critical revisions to its ethics interpretation on Tax Services (ET sec. 1.295.160). Formally released by the Professional Ethics Division on July 15, 2026, these revisions carry an official effective date of January 15, 2027, though early implementation is permitted.

Notice of these revisions will appear in the online edition of the Journal of Accountancy in July 2026. For CPAs and CPA firms with audit or other attest clients, these changes establish a more structured and rigorous framework for evaluating how tax advisory, planning, preparation, and representation services impact independence.  This impacts services CPA firms provide to clients that require the maintenance of professional independence (such as audits, reviews, etc.)

This article provides a comprehensive walkthrough of the revised interpretation, detailing the structural changes, new requirements, and renumbered paragraphs to help you update your firm's quality control and independence policies before the new year.

Anderson v. Commissioner, T.C. Sum. Op. 2026-6, No. 11171-24S (July 22, 2026)

For tax professionals representing clients in joint liability disputes, the U.S. Tax Court’s decision in Trisha D. Anderson v. Commissioner, T.C. Summary Opinion 2026-6, provides a highly instructive case study on the boundaries of the "actual knowledge" and allocation rules under Internal Revenue Code (I.R.C.) § 6015(c).

Generally, married taxpayers who elect to file a joint federal income tax return are held jointly and severally liable for the entire tax due on their aggregate income for that year under I.R.C. § 6013(d)(3). Under certain circumstances, however, I.R.C. § 6015 allows an eligible spouse to obtain relief from this joint and several liability.

This article details the facts of the Anderson case, the taxpayer's request for relief, the court's procedural and substantive analysis, and the final allocation that resulted in a total grant of relief to the petitioner.

Matto v. Commissioner, T.C. Memo. 2026-60, July 21, 2026

The intersection of the Employee Retention Credit (ERC) and amended tax returns has created a surge in litigation regarding the assessment of underpayment interest. A recent decision by the United States Tax Court, Matto v. Commissioner, provides critical clarity for tax professionals regarding the narrow scope of interest abatement under Internal Revenue Code (I.R.C.) § 6404(e)(1) and the limitations of relying on erroneous oral advice from IRS personnel.

Rev. Proc. 2026-26, July 21, 2026

The Internal Revenue Service has issued Revenue Procedure 2026-26 to establish the necessary indexing adjustments for the 2027 calendar year. This guidance specifically targets the administrative and procedural requirements for determining tax liability and eligibility for certain tax credits. As stated in the guidance, "This revenue procedure provides indexing adjustments to the applicable percentage table (Applicable Percentage Table) in § 36B(b)(3)(A)(i) of the Internal Revenue Code (Code) for taxable years beginning in calendar year 2027." This table serves as the foundational mechanism for calculating an individual’s premium tax credit under § 36B. Furthermore, the procedure establishes the "Required Contribution Percentage (Required Contribution Percentage) in § 36B(c)(2)(C)(i)(II) for plan years beginning in calendar year 2027," which is utilized to determine whether an individual meets the threshold for affordable employer-sponsored minimum essential coverage under § 36B.

Linda M. Lewis, Donor, Petitioner v. Commissioner of Internal Revenue, Respondent; Peter F. McDougall, Donor, Petitioner v. Commissioner of Internal Revenue, Respondent, T.C. Memo. 2026-58, Docket Nos. 2459-22, 2460-22 (July 20, 2026)

In estate planning, the premature termination of a trust can trigger unexpected gift tax consequences. In the consolidated cases of Linda M. Lewis v. Commissioner and Peter F. McDougall v. Commissioner, T.C. Memo. 2026-58, the United States Tax Court resolved a critical valuation dispute arising from the termination of a qualified terminable interest property (QTIP) trust. Having previously determined that the remainder beneficiaries made taxable gifts by allowing their father to receive the entirety of the trust's assets upon termination, the court was tasked with valuing those gifts.

The court’s opinion is highly technical, addressing the interplay between federal tax valuation statutes, such as I.R.C. § 7520 and I.R.C. § 2207A, and Washington state trust law. The Tax Court held that state law, rather than the actuarial tables of I.R.C. § 7520, governs the underlying property entitlements upon trust termination. Additionally, the court ruled that the value of the gifts must be reduced by the remainder beneficiaries' avoided obligation to reimburse the primary beneficiary for gift taxes under I.R.C. § 2207A(b). This article examines the facts, statutory framework, legal analysis, and key take-aways of this landmark decision for tax professionals.

Savannah Shoals, LLC v. Commissioner of Internal Revenue, No. 24-12661, (11th Cir. 2026).

Conservation easement deductions remain one of the most heavily litigated areas of federal tax law. For tax professionals, advising clients on these transactions requires not only a deep understanding of the strict statutory and regulatory rules under Internal Revenue Code Section 170, but also a mastery of the evidentiary and valuation principles applied by the courts. The recent decision by the United States Court of Appeals for the Eleventh Circuit in Savannah Shoals, LLC v. Commissioner underscores the high stakes of these disputes and provides critical guidance on how courts determine a property's "highest and best use" and evaluate competing expert testimony.

In this case, the taxpayer claimed a $23 million deduction for a conservation easement based on the theory that the property’s highest and best use was as an aggregate quarry. The Internal Revenue Service rejected the deduction in its entirety and imposed substantial penalties. The Tax Court agreed with the Commissioner, valuing the easement at a fraction of the claimed amount and sustaining a 40% gross valuation misstatement penalty. On appeal, the Eleventh Circuit affirmed the Tax Court’s decision, offering a detailed analysis of the legal and factual standards governing valuation. This article provides a technical breakdown of the case's facts, the taxpayer's arguments, the court's legal analysis, and the critical takeaways for tax practitioners.

South Delta Planning & Development District v. United States, Cause No. 4:25-cv-197-JDM-RP (N.D. Miss. July 15, 2026)

The plaintiff, South Delta Planning & Development District ("South Delta"), is a planning and development organization that sought refunds for payroll taxes by claiming eligibility for the Employee Retention Credit ("ERC"). In early 2023, South Delta submitted amended Form 941 payroll tax returns for five calendar quarters: the second and third quarters of 2020, and the first, second, and third quarters of 2021.

Initially, the Internal Revenue Service ("IRS") processed these amended returns and issued refund checks for four of the five quarters—specifically, both quarters in 2020 and the first two quarters of 2021. The IRS issued no refund for the third quarter of 2021.

In late 2023, the IRS made an administrative about-face. The Service disallowed the previously issued ERC refunds and assessed South Delta for the full amount of the refunds issued for the second and third quarters of 2020, plus interest and late penalties. While the IRS announced that similar assessments were forthcoming for the first and second quarters of 2021, no such assessments were ever issued. The IRS remained silent regarding the third quarter of 2021, for which it had never issued a refund.

To challenge these assessments in federal court, South Delta utilized the divisible tax rule. Rather than paying the entire assessment, which is the general rule for federal tax litigation under the Flora full-payment rule, South Delta paid the payroll taxes assessed for one employee in both of the disputed 2020 quarters. Following this payment, South Delta filed a refund complaint in the U.S. District Court for the Northern District of Mississippi.

Piton Holdings, LLC, David L. Hall, Partnership Representative v. Commissioner of Internal Revenue, 167 T.C. No. 4 (filed July 15, 2026)

In Piton Holdings, LLC v. Commissioner, 167 T.C. No. 4 (July 15, 2026), the United States Tax Court addressed several critical issues of first impression regarding syndicated conservation easements under the Bipartisan Budget Act of 2015 (BBA) centralized partnership audit regime. The decision provides a masterclass for tax professionals (CPAs and EAs) on the intersection of partnership tax accounting, valuation methodology, and civil tax penalties.

The court held that the fair market value of the conservation easement was $800,000, rather than the $41,635,000 claimed by the taxpayer. Furthermore, the court ruled that the partnership’s allocation of the noncash charitable contribution deductions to late-entering partners was improper as a matter of law because the contributions constituted "extraordinary items" under Treasury Regulation § 1.706-4(e), which must be allocated based on the exact time of day they occurred. Finally, the court upheld a 40% gross valuation misstatement penalty under Internal Revenue Code (I.R.C.) § 6662(h), rejecting both the taxpayer’s Seventh Amendment constitutional challenge and the adequate disclosure defense under I.R.C. § 6662(d)(2)(B)(ii).

Siemens Medical Solutions USA, Inc. & Consolidated Subsidiaries v. Commissioner, 167 T.C. No. 5 (2026)

In Siemens Medical Solutions USA, Inc. and Consolidated Subsidiaries v. Commissioner of Internal Revenue, 167 T.C. No. 5 (2026), the United States Tax Court addressed a critical conflict between the plain text of the Internal Revenue Code (IRC) and the administrative regulations promulgated by the Department of the Treasury. The case centered on the validity of Temporary Treasury Regulation § 1.245A-5T, specifically the "Extraordinary Disposition Rules," which limited the 100% dividends-received deduction (DRD) enacted under the Tax Cuts and Jobs Act (TCJA). This article provides a technical analysis of the case's facts, the taxpayer's request for relief, the court's statutory analysis, and the broader implications for tax professionals in the post-Loper Bright era.

James Wendelin Eiler and Kathryn Ann Eiler, Deceased v. Commissioner of Internal Revenue, 167 T.C. No. 3, July 14, 2026

For tax practitioners managing the tax consequences of litigation settlements, the characterization of attorney's fees is a critical issue that often dictates whether a client is left with a meaningful recovery or an unexpected tax liability. In Eiler v. Commissioner, the United States Tax Court addressed a significant issue of first impression: whether litigation settlement proceeds under the Fair Credit Reporting Act (FCRA) involving credit reporting inaccuracies constitute claims of “unlawful discrimination” under Internal Revenue Code (I.R.C.) Section 62(a)(20).

Historically, the Supreme Court’s landmark ruling in Commissioner v. Banks, 543 U.S. 426 (2005), established that a taxpayer’s gross income includes the portion of a litigation recovery paid to an attorney under a contingent fee arrangement. While Congress created an above-the-line deduction in I.R.C. Section 62(a)(20) to mitigate this harsh result for cases involving “unlawful discrimination” or civil rights enforcement, the Tax Court in Eiler strictly limited this exception. The court held that the taxpayers’ claims under the FCRA did not involve the enforcement of "civil rights" as contemplated by I.R.C. Section 62(e)(18)(i), rendering the attorney's fees fully taxable and nondeductible above-the-line.

Alta Wind I Owner Lessor C, et al. v. United States, Nos. 13-402, 13-917, 13-935, 13-972, 14-47, 14-93, 14-174, 14-175, 17-997 (Fed. Cl. July 8, 2026).

In the complex arena of renewable energy tax planning and compliance, determining the correct tax basis of tangible assets is critical, as it directly governs the availability of depreciation deductions and federal cash grants. The United States Court of Federal Claims, on remand from the Federal Circuit, addressed these core principles in the high-stakes retrial of the Alta Wind Energy Center Section 1603 litigation. This landmark case centers on six wind farm facilities located in the wind-rich Tehachapi Region of California, representing the largest wind energy center in North America. At its core, the dispute highlights a fundamental clash between tax valuation methodologies under Internal Revenue Code (IRC) Section 1060: the taxpayers' reliance on an income-based Discounted Cash Flow (DCF) method versus the government's insistence on a reproduction cost approach.

As CPAs and Enrolled Agents representing sophisticated corporate clients, understanding the court's highly technical findings is essential. This article analyzes the transactional facts, the taxpayers' requests for relief, the statutory framework of the residual method, and the Court of Claims' meticulous parsing of indirect construction costs, turn-key premiums, and developer profit markups under a modified cost approach.

Internal Revenue Service. Summer 2026 Expanded Features for BTA. Fact Sheet FS-2026-11. July 2026. Retrieved from IRS.gov Newsroom.

Internal Revenue Service. Business Tax Account. Official Platform Documentation & Eligibility Guide. Last Updated: July 9, 2026. Retrieved from IRS.gov/Businesses.

The Internal Revenue Service’s continued modernization of its digital infrastructure has fundamentally altered how practitioners manage client accounts, process remittances, and verify compliance. The Business Tax Account (BTA) has transitioned from a limited pilot into a comprehensive, role-based self-service portal. The Summer 2026 fact sheet outlines significant functional expansions that directly impact workflow efficiency, while the underlying access architecture requires careful navigation of eligibility thresholds and authentication protocols. This article distills the latest platform updates, delineates available account modules, outlines the registration and maintenance workflow, and maps entity-specific access parameters for tax professionals advising diverse organizational structures.

Announcement 2026-11, 2026-4 I.R.B. 378, July 10, 2026

The Internal Revenue Service has issued Announcement 2026-11, which serves as a formal modification to the previously issued Notice 2026-10. This announcement specifically targets the "optional standard mileage rates for computing the deductible costs of operating an automobile for business, medical, or moving expense purposes." Furthermore, these rates are utilized for "determining the reimbursed amount of these expenses that is deemed substantiated." The announcement clarifies the updated rates and the specific temporal boundaries for their application to various taxpayer activities.

Chief Counsel Advice Memorandum Number: 202628009, Office of Chief Counsel, Internal Revenue Service (Written: May 29, 2026, Redacted Version Released: July 10, 2026)

The matter discussed in CCA 202628009 concerns a limited partnership governed by a specific Partnership Agreement. Under the terms of this agreement, limited partners are generally shielded from liability for any partnership obligations. However, the agreement addresses the specific scenario of a limited partner possessing a deficit balance in their capital account.

In such instances, the Partnership Agreement grants the general partner the discretion to demand that the limited partner contribute cash to the partnership to restore the deficit balance. If the limited partner fails to comply with such a demand, the general partner maintains the right, though not the obligation, to withhold distributions otherwise payable to the limited partner, up to an amount sufficient to eliminate the deficit balance. The agreement provides no further recourse against the limited partner for a failure to restore the deficit. Notably, the agreement does not impose a requirement upon a limited partner to restore a deficit balance upon the liquidation of the partnership.

Revising Qualified Domestic Trust Regulations under Section 2056A to Update Outdated References and Procedures, T.D. 10050, 2026-13925, 91 FR 13925 (codified at 26 C.F.R. pt. 20) (effective July 10, 2026)

The federal estate tax marital deduction is one of the most critical estate planning tools available to married couples. However, under Internal Revenue Code (Code) Section 2056(d)(1), this deduction is generally disallowed for property passing to a surviving spouse who is not a United States citizen. To bridge this gap, Section 2056(d)(2)(A) provides an exception, allowing the marital deduction if the property passes to the surviving spouse in a Qualified Domestic Trust (QDOT). For decades, practitioners have navigated the strict regulatory requirements of Section 2056A to secure this deduction.

In a significant administrative update, the Department of the Treasury and the Internal Revenue Service (IRS) finalized Treasury Decision 10050 (TD 10050). This decision amends the federal estate tax regulations under Section 2056A to modernize outdated administrative procedures, correct historical drafting oversights, and update organizational references. This article provides tax professionals—including CPAs, Enrolled Agents, and estate attorneys—with a rigorous analysis of these key regulatory updates, the practical rationale behind the changes, comment responses from the preambles, and the critical effective and applicability dates.

National Taxpayer Advocate, "A Long-Awaited Taxpayer Win: The IRS Implements Automatic Penalty Relief," https://www.taxpayeradvocate.irs.gov/news/nta-blog/a-long-awaited-taxpayer-win-the-irs-implements-automatic-penalty-relief/2026/07/ , July 8, 2026

In a recent commentary, the National Taxpayer Advocate (NTA) characterized the Internal Revenue Service's introduction of the Automatic Exemption from Penalty (AEP) program as "a major taxpayer win." For years, the NTA has advocated for a shift from the manual First Time Abate (FTA) process to an automated system to ensure that "relief should not depend on a taxpayer’s income, ability to reach the IRS by phone, or access to professional representation."

The NTA notes that under the legacy FTA system, many eligible taxpayers missed out on relief because they "did not know it was available, did not understand how to request it, could not get through to the IRS, or did not have a tax professional advising them." The transition to AEP addresses these systemic barriers by automatically suppressing penalties for failure-to-file, failure-to-pay, and failure-to-deposit for taxpayers with a clean three-year compliance history. The scale of this change is significant; while manual FTA relief assisted approximately 220,000 taxpayers in fiscal year 2025, the NTA estimates that "if AEP had been in place for the same period, over 1.5 million taxpayers would have received penalty relief – about seven times as many."

Internal Revenue Service, IR-2026-83, July 8, 2026

The Internal Revenue Service is implementing a significant procedural evolution regarding administrative penalty relief. The agency is transitioning from the traditional First Time Abate (FTA) procedure to a new systemic program titled "Automatic Exemption from Penalty" (AEP). This transition is expected to begin in the summer of 2026. Unlike the current FTA method, where "taxpayers must contact the IRS to request relief" via a written statement or Form 843, the AEP is a "systemic administrative relief program" that requires "no taxpayer action." Under the new framework, if a taxpayer is eligible, the IRS will apply the relief automatically upon the completion of the original return's processing and "issue a notice confirming that the relief was granted."