2024-07-22 IRA Finalizes RMD Regulations

This week we look at:

• Taxpayer can’t simply rely on tax software when preparing their return, even if they aren’t being nominated for Secretary of Treasury

• IRS finalizes SECURE Act/SECURE 2.0 Act required minimum distributions regulations

• IRS proposed regulations address the problem of determining the applicable age for those born in 1959

An audio only version of this week’s broadcast can be downloaded or streamed below

A PDF with the citations for this week’s podcast can be downloaded below:

2024-07-22 Current Federal Tax Developments

2024-07-15 BOI Updates

This week we look at:

• FinCEN updates the FAQs for BOI reporting, adding information about entities that cease to exist

• New Jersey Committee on Unauthorized Practice of Law releases letter outlining when CPAs and EAs may prepare and/or file BOI reports for clients without the assistance of an attorney

• Another PLR issued for missed ESBT elections for trusts that qualified to make such elections

An audio only version of this week’s broadcast can be streamed or downloaded below:

A PDF with the slides and citations for this week’s broadcast can be downloaded below:

2024-07-15 Current Federal Tax Developments

2024-07-08 Supreme Court Makes It Easier to Challenge Regulations

This week we look at

• End of term US Supreme Court cases that will likely impact challenges to Treasury regulations, overturning the concept of Chevron deference and extending the statute to challenge regulations under the Administrative Procedures Act

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A PDF with a copy of this week’s slides and citations can be downloaded below:

2024-07-08 Current Federal Tax Developments

2024-07-01 IRS to Eventually Automate FTA Relief

This week we look at:

• Ninth Circuit rules that statute of limitations for the IRS to sue for recovery of erroneous refund begins when the check clears the Federal Reserve and is approved for payment by the US Treasury

• IRS National Taxpayer Advocate announces the IRS will automate FTA abatement of penalties beginning in 2026

• Attorneys report some ERC claimants now interesting in filing suit to accelerate their claim processing

An audio version of this week’s braodcast can be streamed or downloaded below.

A PDF with the slides and citations can be downloaded below.

2024-07-01 Current Federal Tax Developments

2024-06-24 Supreme Court Upholds the 965 Transition Tax

This week we look at:

• Supreme Court rules, in a more divided than it may appear opinion, that the §965 transition tax is Constitutional, sustaining the result from the Ninth Circuit in the Moore case.

• IRS gives interim guidance for special distribution relief in the SECURE Act 2.0 for certain distributions.

• IRS indicates it will now be (slowly) processing ERC claims, vast majority show issues

An audio only version of this week’s broadcast can be downloaded or streamed below:

A PDF with the citations and copy of the slides for this week can be downloaded below:

2024-06-24 Current Federal Tax Developments

2024-06-17 Do Not Believe Your Chatbot on Tax Matters

This week we look at:

• IRS provides last minute relief for payment of second quarter corporate estimated tax payments related to corporate alternative minimum tax

• En-banc rehearing request denied in case of Farhy v. Commissioner by DC Circuit

• CPA pleads guilty to tax charges related to syndicated conservation easement program

• Taxpayer Advocate warns of relying on generative AI for answering tax questions for consumer tax software - and there are just as big of issues for tax professionals

An audio only version of this week’s broadcast can be downloaded or streamed below.

The citations and slides for this week’s broadcast can be downloaded as a PDF form the link below:

2024-06-17 Current Federal Tax Developments

2024-06-10 Estate Tax Problems for Buy Sells Funded by Life Insurance

This week we look at:

• US Supreme Court rules that a requirement to redeem the decedent’s shares cannot be considered to reduce the value of the entity, but life insurance proceeds received by the entity to fund the buyout will increase the value

• Taxpayer denied relief for late rollover when funds were accidentally transferred from employer plan to Roth IRA

• IRS rules certain payments related to East Palestine, Ohio derailment are §139 disaster payments

• What options exist for an employer with a pending ERC claim?

An audio only broadcast for this week’s update can be streamed or downloaded below:

A PDF with the slides and links to the documents cited can be downloaded below.

2024-06-09 Current Federal Tax Developments

2024-06-03 LLC as an S Corporation Issue

This week we look at:

• IRS announces that Direct File will continue into 2025 and be expanded while maintaining other programs

• A taxpayer finds its not so simple as just file a Form 2553 if you want to have an LLC taxed as an S corporation, but did realize the error fast enough to get a PLR to restore S status

An audio only version of this week’s broadcast can be downloaded below

A copy of the slides and this week’s link to items mentioned can be downloaded below:

2024-06-03 Current Federal Tax Developments

2024-05-27 Misleading Silences Are Sometimes Fine in Tax

This week we look at:

• Yet another PLR requested for missed QSST election after S shares moved to trust following death of a shareholder

• Tax preparer’s conviction for willfully filing false returns upheld on appeal despite his argument he had doing what he did for years

• Letters to taxpayer from IRS Appeals did not extend the time to file suit for a claim for refund

• A partnership had properly elected to use BBA audit provisions early, rendering IRS FPAA invalid

An audio only update for htis week’s session can be streamed or downloaded below:

A PDF with the slides and this week’s links can be downloaded below:

2024-05-27 Current Federal Tax Developments

2024-05-20 ERC Battles Continue

This week we look at:

• DOJ issues proposed rule that would remove cannabis businesses from loss of most business deductions under IRC §280E

• Filing date relief issued for those impacted by Ohio tornadoes from March

• IRS National Fraud Counsel speaks on ERC exams in ABA Tax Section webinar

• Tax adviser files suit to attempt to force the IRS to start processing ERC claims

• Tax Court imposes penalty for raising frivolous claims against taxpayer who argued wages are not income (among other things)

An audio only version of this week’s broadcast can be streamed or downloaded below:

A PDF with a copy of the slides and links to the supporting documents can be downloaded below:

2024-05-20 Current Federal Tax Developments

2024-05-13 Changes to CAFs and Process for Tax Pros to Obtain Transcripts

This week we look at:

• IRS gives update on final results for ERC voluntary compliance program and discusses the future

• The taxpayer’s contract did not make payment contingent on the success of research

• DOJ announces CPA firm barred from promoting CRAT/single premium annuity shelter

• IRS provides information on CAF “under review status” and changes to requesting transcripts

An audio only version of this week’s update can be streamed or downloaded below.

A PDF containing copies of this week’s slides and links to documents cited this week can be downloaded below:

2024-04-13 Current Federal Tax Developments

2024-05-06 IRS Can Assess Penalties for Failure to File Form 5471 per DC Circuit

This week we look at:

• IRS releases Fact Sheet on disaster provisions for retirement accounts added by SECURE 2.0 Act

• DC Circuit reverses Tax Court ruling that IRS does not have assessment authority for failure to file a report under IRC §6038(b) (Form 5471)

• Electric vehicle final regulations issued

• Department of Justice begins process to move marijuana from Schedule I to Schedule III which would cause §280E to no longer limit deductions for cannabis businesses

• Lack of any written records on time President/COO spent on activities or even estimate time spent on qualified research activities doomed attempt to claim a credit under IRC §41(a)

An audio only version of this week’s update can be streamed or downloaded below.

A PDF of this week’s slide and citation links can be downloaded below:

2024-05-06 Current Federal Tax Developments

2024-04-29 No Minimum Attention Required for Supervisor Approval of Penalties per Tax Court

This week we look at:

• Final regulations issued on credit transfer provisions of the Inflation Reduction Act

• Tax Court rules the law does mandate a minimum level of attention by a supervisor when approving a proposed penalty

• IRS announces the end of the Direct File pilot and will announce the next steps shortly

An audio only version of this week’s broadcast can be streamed or downloaded below.

A PDF with this week’s slides and links to citations can be downloaded below.

2024-04-29 Current Federal Tax Developments

2024-04-22 IRS Extends Limited RMD Relief But Warns They Expect This to Be the Last Time

This week we look at:

• IRS again waives penalties for certain RMD distributions for inherited IRAs and retirement plans, but indicates this should be the last time

• FinCEN adds more Q&As to BOI FAQ for the first time since January

An audio only version of this week’s update can be streamed or downloaded via the link below.

Slides and links to the source documents can be downloaded as a PDF via the link below.

2023-04-22 Current Federal Tax Developments

2024-04-01 Tax Court Reverses Position on Validity of Conservation Easement Regulation

This week we look at

• Tax Court reverses position on validity of a regulation it had upheld four years ago

• US Supreme Court hears oral arguments in case involving estate tax value of a corporation that received life insurance to redeem the majority shareholder’s estate

• IRS Criminal Investigation Divisions announces update on COVID relief related investigations and convictions

An audio only version of this week’s session can be downloaded or streamed below

A PDF with the links and slides can be downloaded below:

2024-04-01 Current Federal Tax Developments

2024-03-25 ERC Voluntary Disclosure Program Is Over - What Next

This week we look at:

• As ERC voluntary compliance program ended, IRS release discusses agency’s plans going forward

• Senate Finance Chair Wyden indicates there be a cloture vote in the Senate on House passed tax bill

• IRS issues proposed regulations to make SPA CRAT arrangements listed transactions

• IRS asks Supreme Court to overturn Culp decision

An audio only version of this week’s broadcast can be streamed or downloaded below.

A PDF of the slides and citations for this week’s broadcast can be downloaded below:

2024-03-25 Current Federal Tax Developments

2024-03-18 Last Call to Enter ERC Voluntary Disclosure Program

This week we look at:

1. FinCEN gives formal notice of appeal of CTA BOI case

2. Deadline rapidly approaching for entering first ERC voluntary disclosure program

3. Arizona lawmakers write the IRS about tax status of 2023 state rebates

4. Court of Appeals finds it is barred from hearing appeal of Tax Court dismissal of small case/

The slides and citations for this week’s broadcast can be downloaded in the PDF below:

2024-03-18 Current Federal Tax Developments

2024-03-11 FinCEN Announces Enforcement Reaction to Alabama Case

This week we look at:

• FinCEN announces position on handling BOI enforcement following National Small Business United v. Yellen

• IRS issues warning about companies peddling “doctor’s notes”

• Tax Court warns taxpayer about litigating an issue the taxpayer had previously litigated and lost on for a prior year

An audio only version of this week’s broadcast can be streamed or downloaded below

A copy of the slides and links to citations can be downloaded below:

2024-03-11 Current Federal Tax Developments

2024-03-04 Court Questions Constitutionality of the CTA

This week we look at:

• CTA found to violate Constitution by US District Court

• Tax Court issues ruling on impact of SECURE 2.0 Act statute change on returns filed before December 29, 2022 effective date of the Act

• IRS warns about need to reconcile premium tax credit on Forms 1040 after seeing an increase in the number of returns being filed without the required reconciliation

Citations and slides for this week’s update can be downloaded below:

2024-03-04 Current Federal Tax Developments

2024-02-26 More BOI Information from Insurer

This week we look at:

• More BOI resources from CAMICO made available by NJCPA

• District Court refuses to stay FBAR proceeding to await Tax Court result partially due to the age of the taxpayer

• IRS announces program to go after corporate jet personal usage

• The state of Arizona sues the IRS over tax status of state tax rebate.

An audio only version of this week’s broadcast can be streamed or downloaded below:

This week’s slides and links to source documents can be downloaded below:

2024-02-26 Current Federal Tax Developments