TAXLITIGATOR Blog

Posted by Hochman Salkin Toscher Perez P.C. Posted on Sunday, October 06, 2013

Residency determinations are relevant for purposes of marital dissolutions, education, probate proceedings, property tax determinations, voter’s registration and . . . income taxes. Individuals often believe they are not California residents for tax purposes simply because they spend significant amounts of time or maintain homes outside California. These individuals are often surprised when facing an […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Wednesday, October 02, 2013

IRS Operations During The Lapse In Appropriations Release Date: OCTOBER 01, 2013 Due to the current lapse in appropriations, IRS operations are limited. However, the underlying tax law remains in effect, and all taxpayers should continue to meet their tax obligations as normal. Individuals and businesses should keep filing their tax returns and making deposits […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Thursday, September 26, 2013

U.S. taxpayers with previously undisclosed interests in foreign financial accounts and assets continue to analyze and seek advice regarding the most appropriate methods of coming into compliance with their U.S. filing and reporting obligations. Many are pursuing participation in the current IRS offshore voluntary disclosure program (the OVDP which began in 2012), modeled after similar […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Wednesday, September 11, 2013

  It is critical to understand the intricacies and the interrelationships of the refund and assessment statutes.  The general rule is that the period of limitations for the taxpayer to file a claim for refund and for the IRS to make an assessment is 3 years from the date the tax return is filed.1  The […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Saturday, August 31, 2013

Most tax practitioners understand the basic assessment statute of limitations rules in the Code: three years after the return is filed, six years after the return is filed for 25% omission of income, or forever in the case of fraud and/or failure to file.[i]  Practitioners may be less familiar with the raft of additional special […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Friday, August 23, 2013

We finish this three-part discussion by discussing the final two IRS letters and notices cannot be ignored without serious adverse legal consequences for the taxpayer.  The taxpayer must not ignore these two IRS letters and notices! 5.  Statutory Notice of Disallowance of a Claim for Refund Ignoring this notice is catastrophic if the taxpayer is interested […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Friday, August 09, 2013

The U.S. is among the few industrialized countries that taxes citizens who live  abroad, even if their income is entirely sourced in a foreign country. It is believed an estimated 6 million Americans live outside the United States but otherwise remain subject to taxation by the U.S. During the past year, an estimated 1,800 people […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Monday, August 05, 2013

Every year the IRS sends millions of letters and notices to taxpayers for a variety of reasons. Many of these letters and notices are for informational purposes only and do not need a taxpayer response.  Many more of these letters and notices are benign and can be dealt with simply, without having to call or […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Saturday, August 03, 2013

President Obama recently announced his nomination of John Koskinen as the next Commissioner of the Internal Revenue Service for the term expiring on November 12, 2017. President Obama stated, “John is an expert at turning around institutions in need of reform.  With decades of experience, in both the private and public sectors, John knows how to […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Friday, July 12, 2013

We applaud the Internal Revenue Service (“IRS”) for releasing information regarding professional responsibility and the Foreign Bank and Financial Accounts Reports (“FBAR”).  The FBAR reporting requirements have gain much attention in the past five years and have produced a whole host of ethical and legal concerns not historically considered by practitioners. There have been ongoing […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Sunday, July 07, 2013

Every year the IRS sends millions of letters and notices to taxpayers for a variety of reasons. Many of these letters and notices are for informational purposes only and do not need a taxpayer response.  Many more of these letters and notices are benign and can be dealt with simply, without having to call or […] Read More…

Posted by Hochman Salkin Toscher Perez P.C. Posted on Monday, July 01, 2013

Prior to 2001, the answer was generally “No.”  Today, the answer is unclear. In 1950, there were a series of cases, that all had similar facts, where the Tax Court addressed the issue of whether the fraud of the preparer could be imputed to the taxpayer for the purposes of the fraud penalty under IRC […] Read More…