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Menard, Inc. and John R. Menard, Jr., Petitioners-Appellants, v. Commissioner, Respondent-Appellee, 560 F.3d 620; 2009 U.S. App. LEXIS 4883 (7th Cir., March 10, 2009).

Because the CEO/controlling shareholder's corporation outperformed much-larger but comparable companies and there was no suggestion that other shareholder's were disappointed that the corporation obtained an 18.8% rate of return, and 5 percent of net corporate income did not look at all like...

University of Chicago, Plaintiff-Appellant, v. United States, Defendant-Appellee, 547 F.3d 773; 2008 U.S. App. LEXIS 24365 (7th Cir., Oct. 29, 2008)

Congress intended I.R.C. § 3121(a)(5)(D) to include "salary reduction agreements", voluntary or mandatory, in the FICA wage base, thus, a judgment finding a university was liable for failure to withhold and pay FICA assessments was affirmed. Lexis.com subscribers can view the enhanced...

Steven N.S. Cheung, Inc., Plaintiff-Appellee, v. United States, Defendant-Appellant, 545 F.3d 695; 2008 U.S. App. LEXIS 20099 (9th Cir., Sept. 23, 2008)

District court erred in failing to give effect to 26 U.S.C.S. § 6621(a)(1) interest rate reduction after entering judgment for corporation in its action against United States for wrongful levy; under 26 U.S.C.S. §§ 7426, 6621, Congress intended to treat wrongful levy judgments like overpayments...

Lawrence S. Berger; Realty Research Corporation, Appellants v. Internal Revenue Service; Dept. of the Treasury, 288 Fed. Appx. 829; 2008 U.S. App. LEXIS 17256 (3rd Cir., August 11, 2008)

IRS did not violate the FOIA or the Privacy Act when it refused to disclose time records of IRS agent who conducted civil investigation of a corporation and an individual. The time records were exempt from disclosure under 5 U.S.C.S. § 552(B)(6). Pursuant to 5 U.S.C.S. § 552a(b), the records...

Klamath Strategic Investment Fund et al. v. United States, 2009 U.S. App. LEXIS 10456 (May 15, 2009)

In a suit filed under 26 U.S.C.S. § 6226 by two investment fund partnerships seeking a readjustment of partnership items, a complex series of loan transactions were properly disregarded for tax purposes because, under the economic substance doctrine, the loans served no purpose beyond creating a...

Michael W. Keller et al. v. Commissioner, 2009 U.S. App. LEXIS 12043 (9th Cir., June 3, 2009)

Commissioner of Internal Revenue did not abuse its discretion when it rejected the taxpayers' offer of compromise because it was substantially lower than what reasonable collection potential calculation showed they could afford to pay and imposition of 26 U.S.C.S. § 6621(c) interest was proper...

Mayo Foundation for Medical Education and Research et al. v. United States, 2009 U.S. App. LEXIS 12640 (8th Cir., June 12, 2009)

Medical residents who received stipends for services at hospitals and clinics did not qualify for the student exemption from FICA taxes under 26 U.S.C.S. § 3121(b)(10); Treas. Reg. § 31.3121(b)(10)-2, which barred persons who worked full-time from qualifying for the student exemption, was a...

Bakersfield Energy Partners LP et al. v. Commissioner, 2009 U.S. App. LEXIS 12932 (9th Cir., June 17, 2009)

Judgment in favor of taxpayers was affirmed because although the U.S. Supreme Court in Colony, Inc. v. Comm'r, interpreted a 1939 version of the tax code, it's holding was still controlling because Congress did not change the language in the body of 26 U.S.C.S. § 6501(e)(1)(A), which was...

Valero Energy Corp. v. United States, 2009 U.S. App. LEXIS 13050 (7th Cir., June 17, 2009)

Tax practitioner-client privilege under 26 U.S.C.S. § 7525(a)(1) did not apply to documents sought by the IRS that contained financial data, tax liability estimates, and other accounting advice. The exception under § 7525(b) for documents promoting tax shelters was not limited to actively marketed...

Garnett v. Comm'r, 2009 U.S. Tax Ct. LEXIS 18 (T.C. June 30, 2009)

Plaintiffs owned interests in L.L.P.s, L.L.C.s, and tenancies in common. On cross-motions for partial summary judgment, the parties request a ruling as to whether plaintiffs’ interests are subject to IRC Sec § 469(h)(2) , which treats losses from an interest in a limited partnership as a limited...

Sogg v. Zurz, 905 N.E.2d 187 (Ohio 2009)

The provision in Ohio R.C. 169.08(D) which prohibited the payment of interest to claimants of unclaimed funds held by the State was unconstitutional under Ohio Const. Art. I, § 19 , as unclaimed funds belonged to the owner; interest was recoverable for four years prior to the date of a claim pursuant...

Thompson v. United States, 2009 U.S. Claims LEXIS 250 (Fed. Cl. July 20, 2009)

A taxpayer operating as a limited liability company met the general partner exception to IRC Sec § 469(a)(2) . The taxpayer could substantiate material participation in the LLC’s business activities. Treas. Reg. § 1.469-5(T) . The taxpayer was therefore not required to apply ordinary...

Northstar Trekking, LLC v. United States (D. Alaska 2009)

Recent litigation involving a charter flight-seeing service sheds light on the limitations restricting the application of the Air Transportation Excise Tax under IRC Sec. 4261(a) in defined circumstances. An essential factor is the vendor's degree of control vis a vis control of the passenger/customer...

Ohio Grocers Ass'n v. Levin, 2009 Ohio 4872 (Ohio Sept. 17, 2009)

The Ohio Grocers Association challenged the application of Ohio’s Commercial Activity Tax (CAT). The taxpayer cast the CAT as an excise tax on the sale or purchase of food, at wholesale or retail, in violation of Section 3(C), Article 12, Ohio Constitution. The state court of appeals had held that...

Taproot Admin. Servs. v. Comm'r, 2009 U.S. Tax Ct. LEXIS 29 (T.C. Sept. 29, 2009)

An Individual Retirement Account (IRA) is not authorized to hold S Corporation stock. IRAs are not included in the listing of qualified S Corporation owners enunciated in IRC Section 1361. An IRA cannot qualify as a custodial account or grantor trust in determining its eligibility as an S Corporation...

Eden Prairie Mall LLC v. County of Hennepin, 2009 Minn. Tax LEXIS 22 (Minn. T.C. 2009) (Oct. 13, 2009)

Significantly different values of 30-year old retail properties were derived by county and taxpayer appraisers, whose reliance on the income approach to valuation was primary and exclusive, respectively. Of primary importance was the appraisers' divergent income approach analyses of key factors in...

Halby v. Comm'r, T.C. Memo 2009-204 (T.C. 2009) (Sept. 13, 2009)

Treas. Reg. Sec. 1.213-1(e)(1)(ii) provided that taxpayer was not entitled to deduction for illegal treatment. Payments by tax attorney to various prostitutes in New York were personal expenses not prescribed by doctor and not intended to treat a medical condition. He was not entitled to deductions for...

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Tax Law Case summary emails delivered directly to you on a daily basis. You select the Topics and Jurisdictions relevant to your practice or interests and we'll send comprehensive summaries of breaking decisions to you. This annual subscription also provides you with linking to the full text...

Delano Farms Co. v. Cal.Table Grape Comm'n, 2009 U.S. App. LEXIS 25571 (U.S. Court of Appeals for the Ninth Circuit) (November 20, 2009)

The 9th Circuit validated mandatory assessments levied by the California Table Grape Commission . The assessments were used to fund generic advertising campaigns. Delano Farms challenged assessments on First Amendment grounds. Citing Johanns v. Livestock Mktg. Ass'n , 544 U.S. 550 (U.S. 2005) and...

Tidewater Inc. v. United States, 565 F.3d 299 (5th Cir. La. 2009) (April 13, 2009)

The taxpayer entered into hundreds of time-charters for its ocean-going vessels with offshore energy industry customers, who were given the full use of a vessel and the right to direct it in all respects. The taxpayer's subsidiary, a foreign sales corporation, acted as a commission agent for the...

Veritas Software Corp. v. Comm'r, 2009 U.S. Tax Ct. LEXIS 34 (T.C. Dec. 10, 2009)

Veritas Software Corporation entered into a cost-sharing agreement with Veritas Software Holding Ltd., a wholly owned subsidiary based in Bermuda. (Pursuant to a 2005 merger, Symantec is the successor in interest to the parent company.) In evaluating the subsidiary's buy-in payment, the court rejected...

Xilinx, Inc. v. Comm'r, 2010 U.S. App. LEXIS 778 (9th Cir. Jan. 13, 2010)

The Ninth Circuit withdrew its May 2009 decision ( Xilinx, Inc. v. Comm'r, 567 F.3d 482 (9th Cir. 2009)) in Xilinx, Inc. v. Comm'r, 2010 U.S. App. LEXIS 778 (9th Cir. Jan. 13, 2010) . In the May decision , t he Commissioner had contended that employee stock options (ESOs) issued to employees...

O'Donnabhain v. Comm'r, 134 T.C. No. 4 (Feb. 2, 2010)

In a full Tax Court opinion issued on February 2, 2010, the Tax Court found that the petitioner Rhiannon G. O’Donnabhain was entitled to Section 213 medical expenses for the cost of gender reassignment surgery and hormone therapy. O'Donnabhain v. Commissioner, 134 T.C. No. 4 (Feb. 2, 2010)...

Johnson Controls v. Miller, 2010 U.S. LEXIS 4206 (U.S., May 24, 2010)

The U.S. Supreme Court denied the petition for certiorari by Johnson Controls, Inc., pursuant to the 2009 decision of the Kentucky Supreme Court, upholding the constitutionality, and retroactive application, of the state's statutory prohibition against filing unitary returns. Johnson Controls, Inc...

Textron Inc. V. United States, 2010 U.S. LEXIS 4373 (U.S., May 24, 2010)

The U.S. Supreme Court denied the petition for writ of certiorari Textron Inc. v. United States, 2010 U.S. LEXIS 4373 (U.S. May 24, 2010) by Textron, Inc., pursuant to the 2009 decision by the U.S. Court of Appeals for the First Circuit. D enial of the IRS's 26 U.S.C.S. § 7604(a) petition on...