James R. Malone, Jr. – Post & Schell, P.C.

Tax Procedure: The Tax Court Looks at Closing Agreements.

This post covers a recent Tax Court opinion that dealt with a dispute over the effect of a closing agreement. The court's opinion offers a good review of the standards applied to these agreements, along with flagging some…more
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Tax Procedure: Naked Assessments, New Matter, and the Burden of Proof, a Procedural Grab Bag.

The First Circuit issued an opinion last week that dealt with three distinct burden of proof issues: naked assessments, burden shifting for new matter, and the taxpayer's ultimate burden of proof. This post provides a summary…more
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Jurisdiction: The Full Payment Rule for Refund Claims and Divisible Taxes.

The Federal Circuit recently issued an interesting decision on jurisdiction for refund claims, holding that penalties assessed for failure to register a tax shelter were not divisible. This post provides a summary…more
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Tax Shelters: The IRS Identifies Micro-Captive Insurance Schemes as a Transaction of Interest.

The IRS has identified micro-captive insurance arrangements as a “transaction of interest.” The concern is that related parties are using these transactions to avoid paying taxes. The transactions provide a business deduction…more
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Tax Procedure: A Look at the U.S. Role in Collecting Foreign Taxes.

Tax treaties generally focus on allocating tax revenues between treaty partners to avoid double taxation and promote trade. A few of the existing U.S. tax treaties also commit the treaty partners to assisting each other in…more
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Tax Crimes: Employment Taxes, Section 7202, and the Statute of Limitations.

Historically, cases in which an employer failed to withhold or pay over employment taxes were generally dealt with civilly. Last year, the head of the Tax Division announced that criminal prosecutions would be ramped up as part…more
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What Can Slot Machines Tell Us About the Treatment of NOLs under Pennsylvania’s Corporate Net Income Tax?

This post covers a recent Pennsylvania Supreme Court case on the slot machine tax has some interesting implications for the treatment of net operating losses under the Corporate Net Income Tax…more
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Tax Procedure: Special Estate Tax Liens and Administrative Expenses

An executor of an estate found himself on the losing end of a priority dispute in an estate tax case decided by the Eleventh Circuit last week…more
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State and Local Taxation: Pa. Supreme Court Invalidates Local Share Assessment Levied Against Casino’s Slot Revenue Outside Philadelphia

The Pennsylvania Supreme Court demonstrated last week that the uniformity requirement under the Pennsylvania Constitution imposes real constraints on the power to tax, striking down the local share assessment that applies to…more
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Charitable Deductions: Appraisals, the IRS and Substantial Compliance.

Charitable donations of property worth more than $5000 are subject to the IRS’s qualified appraisal rules. The rules are technical, and the IRS is fairly rigid in its application of the rules. Consequently, there is a lot of…more
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Tax Procedure: The Eleventh Circuit Sustains Penalty Defense Based upon an Accountant’s Advice.

Because many taxpayers rely upon an accountant to prepare a tax return on the basis of the raw data they supply, a frequent question is whether a taxpayer can avoid an accuracy-related penalty if the return understates her tax…more
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A Peek Behind the Curtain: How Tax Return Information Is Disclosed in an Investigation Involving Non-Tax Crimes.

The Internal Revenue Code provides confidentiality for tax returns and the information that they contain. By the same token, there are procedures in place so that return information can be accessed for legitimate governmental…more
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Partnership Taxation: The Tenth Circuit Holds that the Good Faith/Reasonable Cause Defense Should Be Determined at the Partner Level.

Yesterday, the Tenth Circuit issued an interesting opinion on the ability of a tax matters partner to raise a defense of good faith and reasonable cause to a penalty in a refund action, following an adverse determination in a…more
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Taxation of Long-term Contracts: Little Pigs, the IRS, and the Completed-Contract Method.

The Ninth Circuit issued an entertaining opinion in a case involving developers of planned communities that have significant common amenities. The IRS staked out an extreme position that each contract was complete when the house…more
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Like-Kind Exchanges: The Tax Court Upholds a Reverse Deferred Exchange that Took Over Two Years.

Most deferred like-kind exchanges under Section 1031 are conducted over a very short period of time to fall within the safe harbors. Recently, the Tax Court upheld a reverse deferred exchange that took over two years to…more
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Areas of Practice
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  • Taxation
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