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For Whom the Collection Statute Tolls by Jonathan Kalinski

Every tax practitioner knows the general rule that the IRS has 10 years to collect a tax after the assessment. That isn’t blog material.  Less well known because it is infrequently litigated, is the flush language of IRC §6502(a), which states that the collection statute of limitations is tolled if a timely proceeding in court … Continue reading For Whom the Collection Statute Tolls by Jonathan Kalinski

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Criminal Tax Enforcement – It Happened Again and We Should Not Be Surprised by Steven Toscher

The Treasury Inspector General for Tax Administration (“TIGTA”) issued a report September 13, 2017, concluding that “declining resources have contributed to unfavorable trends in criminal investigation business results.” That’s Government speak that the IRS criminal tax enforcement program is falling behind. This is not a surprise for those of us in the trenches.  It reminds us of … Continue reading Criminal Tax Enforcement – It Happened Again and We Should Not Be Surprised by Steven Toscher

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A Primer on Material Participation Rules for Real Estate Businesses, Part 2: Who is a Real Estate Professional? by Lacey Strachan

Taxpayers in Real Property Business. Although the general rule is that all rental activities are by definition passive, the Code has created an exception for certain professionals in the real estate business.  A real estate professional (as that term is defined under Section 469(c)(7), the section that sets forth the exception to the rule that all … Continue reading A Primer on Material Participation Rules for Real Estate Businesses, Part 2: Who is a Real Estate Professional? by Lacey Strachan

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IRS Updates FBAR Reference Guide to Reflect Increased Inflation – Adjusted Non-Willful and Willful Penalty Amounts by Michel Stein

The IRS has updated its Reference Guide on Foreign Bank Account Reports (“Guide”) to help U.S. persons and tax professionals with FBAR filing obligations.   The Guide also supports IRS examiners in their efforts to administer the various IRS FBAR examination and penalty programs.   Most importantly, the Guide for the first time also reflects increased inflation-adjusted … Continue reading IRS Updates FBAR Reference Guide to Reflect Increased Inflation – Adjusted Non-Willful and Willful Penalty Amounts by Michel Stein

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Dennis Perez is the first recipient of the Los Angeles Lawyer Sam Lipsman Service Award

This award was established in memory of our late publisher Sam Lipsman, to honor an Editorial Board member or author who has provided exemplary service on behalf of Los Angeles Lawyer.  This is an individual who has made a long standing commitment and material contribution to the magazine by, for example, serving as Chair and … Continue reading Dennis Perez is the first recipient of the Los Angeles Lawyer Sam Lipsman Service Award

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The Judge Isn’t Bound by the Guideline Range in Sentencing by Robert Horwitz

Plea agreements in criminal tax cases normally have a section containing the calculation of the agreed Sentencing Guideline Range. The plea agreement also typically recites that the Government will recommend a guideline range sentence as long as the defendant meets his obligations under the plea agreement, but that the court is not required to accept … Continue reading The Judge Isn’t Bound by the Guideline Range in Sentencing by Robert Horwitz

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IRS Increases Focus on Transactions Between Commonly Controlled Entities in the Mid-Market Segment by Lacey Strachan

Large multinational corporations have historically been the focus of IRS transfer pricing examinations, such as the dispute between Amazon and the IRS over the amounts Amazon charged its European subsidiary for certain intangible assets that were transferred.[i]  However, IRS efforts to address potential income shifting between related entities have expanded to include smaller companies in … Continue reading IRS Increases Focus on Transactions Between Commonly Controlled Entities in the Mid-Market Segment by Lacey Strachan

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IRS Collection Appeals “Dead Ends”– Collection Due Process Procedural Traps for the Unwary by Cory Stigile

In Keller Tank Services II Inc. v. Commissioner, 848 F.3d 1251 (10th Cir. 2017), the Tenth Circuit affirmed the Tax Court’s holding that a taxpayer could not challenge a Section 6707A penalty during a collection due process hearing or in a subsequent Tax Court proceeding because it already challenged the penalty with the IRS Appeals … Continue reading IRS Collection Appeals “Dead Ends”– Collection Due Process Procedural Traps for the Unwary by Cory Stigile

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IRS Increases Focus on Transactions Between Commonly Controlled Entities in the Mid-Market Segment by Lacey Strahan

Large multinational corporations have historically been the focus of IRS transfer pricing examinations, such as the dispute between Amazon and the IRS over the amounts Amazon charged its European subsidiary for certain intangible assets that were transferred.[i]  However, IRS efforts to address potential income shifting between related entities have expanded to include smaller companies in … Continue reading IRS Increases Focus on Transactions Between Commonly Controlled Entities in the Mid-Market Segment by Lacey Strahan

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Steven Toscher Quoted in Tax Notes Article on Receiving Non-Prosecution Letters From DOJ

DESPITE LESS CERTAINTY, SWISS BANK NON-TARGET LETTERS VALUABLE Published by Tax Analysts, Tax Notes Today Although some practitioners question the potential value of non-target letters available to institutions in categories 3 and 4 of the Justice Department’s Swiss bank program, others point out the value of non-target letters in the general criminal context and the request for the … Continue reading Steven Toscher Quoted in Tax Notes Article on Receiving Non-Prosecution Letters From DOJ

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Steven Toscher Quoted in Tax Notes on Proposed Changes to FBAR rules

FBAR CHANGES TRY TO BALANCE COMPLIANCE BURDEN, ENFORCEMENT. Published by Tax Analysts(R) A new proposal from Treasury’s Financial Crimes Enforcement Network regarding the filing of Form 114, “Report of Foreign Bank and Financial Accounts,” would substantially change what is required of some financial professionals who file the foreign bank account reports as part of their … Continue reading Steven Toscher Quoted in Tax Notes on Proposed Changes to FBAR rules

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Judge L. Paige Marvel has been elected as Chief Judge of the United States Tax Court

UNITED STATES TAX COURT Washington, D.C. 20217 February 29, 2016 PRESS RELEASE The United States Tax Court announced today that Judge L. Paige Marvel has been elected as Chief Judge of the United States Tax Court to serve a 2-year term beginning June 1, 2016.  The election of the Chief Judge by the Judges of … Continue reading Judge L. Paige Marvel has been elected as Chief Judge of the United States Tax Court

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