Tax Law

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Textron Inc. V. United States, 2010 U.S. LEXIS 4373 (U.S., May 24, 2010)
Posted on 27 May 2010 by LexisNexis Tax Center

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... Read More

In re Bilski, 2008 U.S. App. LEXIS 22479
Posted on 5 Jun 2009 by LexisNexis Tax Center

Applicants' claim for a method of hedging risk in the field of commodities trading was not patent-eligible subject matter under 35 U.S.C.S. § 101 because the applicants sought to claim a non-transformative process that encompassed a mental process... Read More

Ohio Grocers Ass'n v. Levin, 2009 Ohio 4872 (Ohio Sept. 17, 2009)
Posted on 21 Sep 2009 by LexisNexis Tax Center

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... Read More

William D. and Yen-Ling K. Rogers v. Commissioner of Internal Revenue, 2009 Tax Ct Memo Lexis 108
Posted on 27 May 2009 by LexisNexis Tax Center

International airspace was not a "foreign country" for purposes of I.R.C. § 911, which allowed a "qualified individual" to exclude from gross income "foreign earned income." As a result, income flight attendant earned... Read More

Geoffrey, Inc. v. Comm'r of Revenue, 453 Mass. 17 (Mass. 2009)
Posted on 8 Jul 2009 by LexisNexis Tax Center

Commonwealth could impose corporate excise tax, pursuant to Mass. Gen. Laws ch. 63, § 39, on the taxpayer, a foreign corporation, that did not have physical presence in Massachusetts; taxpayer met "substantial nexus" test for imposing that... Read More

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).
Posted on 8 Jul 2009 by LexisNexis Tax Center

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... Read More

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)
Posted on 8 Jul 2009 by LexisNexis Tax Center

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... Read More

Tidewater Inc. v. United States, 565 F.3d 299 (5th Cir. La. 2009) (April 13, 2009)
Posted on 2 Dec 2009 by LexisNexis Tax Center

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... Read More

Mayo Foundation for Medical Education and Research et al. v. United States, 2009 U.S. App. LEXIS 12640 (8th Cir., June 12, 2009)
Posted on 8 Jul 2009 by LexisNexis Tax Center

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... Read More

Michael W. Keller et al. v. Commissioner, 2009 U.S. App. LEXIS 12043 (9th Cir., June 3, 2009)
Posted on 8 Jul 2009 by LexisNexis Tax Center

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... Read More

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)
Posted on 24 Nov 2009 by LexisNexis Tax Center

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... Read More

O'Donnabhain v. Comm'r, 134 T.C. No. 4 (Feb. 2, 2010)
Posted on 4 Feb 2010 by LexisNexis Tax Center

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... Read More

Eden Prairie Mall LLC v. County of Hennepin, 2009 Minn. Tax LEXIS 22 (Minn. T.C. 2009) (Oct. 13, 2009)
Posted on 28 Oct 2009 by LexisNexis Tax Center

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... Read More

Sogg v. Zurz, 905 N.E.2d 187 (Ohio 2009)
Posted on 22 Jul 2009 by LexisNexis Tax Center

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... Read More

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)
Posted on 8 Jul 2009 by LexisNexis Tax Center

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... Read More