James R. Malone, Jr. – MALONE LLC

1515 Market Street Suite 1200
Philadelphia, PA 19102, United States

  • 215-789-6246 Ext:.1
  • 215-789-6249

Trust Fund Taxes: Trust Fund Tax Payments Are Not Preferences Under the Bankruptcy Code.

The Fourth Circuit recently rejected an effort to recoup trust fund tax payments made to the IRS as voidable preferences, reasoning that the funds involved were not the debtor’s property…more
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An Unpleasant Surprise: How an Accounting Change Can Open Closed Years.

A recent opinion demonstrates that the three year limitation for the IRS to assess additional tax may not be as solid as it seems. If the IRS decides the taxpayer used an improper accounting method it can tax transactions from…more
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Oops, I Forgot To Create Standing: A Challenge To The Parsonage Exemption Fails.

A challenge to the parsonage exemption (I.R.C. § 107) failed last week because of a basic mistake by the challengers. They never were denied the exemption because they didn’t bother to ask for it…more
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Property Tax Exemptions: The Commonwealth Court Sustains Tax Exemption for a Mixed Use Project.

This post covers a recent opinion from Pennsylvania's Commonwealth Court holding that a housing project that combined low income and market rate units qualified for a tax exemption on the entire property…more
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Priority of Federal Tax Liens: Don’t Wait To Perfect.

A recent opinion from the Fourth Circuit highlights risks that lenders face if they don’t promptly record mortgages or security interests. If the lien isn't formally perfected at the time a federal tax lien is filed, the lender…more
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Out With A Fizzle: Accountants’ Challenge to Voluntary Return Preparer Program Is Dismissed.

This post covers an opinion issued Monday rejecting the AICPA's challenge to the voluntary return preparer program…more
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Collection Due Process Triggers Tax Court Review of Section 6707A Penalties.

The Tax Court has ruled that it has jurisdiction to rule on Section 6707A penalties for failure to disclose listed or reportable transactions if the validity of the penalty is raised in a collection due process hearing…more
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Labels Don’t Count: The Fifth Circuit Looks at Sham Partnerships.

Last week, the Fifth Circuit issued an interesting opinion in a sham partnership case, which this post summarizes…more
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Don’t Try This at Home: Tax Refund Barred by Judicial Estoppel.

This post covers an unusual refund case: after pleading guilty to tax evasion and related charges, the defendant sought a refund for the same tax years. The Sixth Circuit ruled that the provisions of his plea agreement precluded…more
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An Underdog Prevails: Chaka Fattah, Jr., the IRS and Unauthorized Disclosure of Return Information.

This post covers a recent opinion from the Eastern District of Pennsylvania ruling against the IRS and in favor of a pro se litigant on a claim for improper disclosure of return information…more
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Action This Day: Delay in Freezing a Taxpayer’s Account Results in Liability.

This post covers a recent case holding a bank liable because if failed to freeze a taxpayer's account in response to a levy by the IRS…more
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Compensatory Settlement Payments in False Claims Act Cases are Deductible.

Last week, the First Circuit ruled on the tax treatment of settlement payments in a False Claims Act case, sustaining a jury verdict awarding a taxpayer a tax refund based upon a portion of the settlement payments that it made…more
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Tax Refund Claims of Bankruptcy Estates: A Look at Jurisdiction.

This post covers an important opinion from the Second Circuit addressing the scope of a bankruptcy court's jurisdiction to adjudicate tax refund claims…more
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The City that Loves You Back: Philadelphia Business Taxes for Non-Residents.

This post summarizes the nexus standards that the City of Philadelphia uses for business tax purposes…more
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Contingent Fees and Tax Refund Claims.

A district judge in Washington struck down the Circular 230 bar on contingent fees for the preparation of refund claims last week…more
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Areas of Practice
  • Appellate Practice
  • Litigation
  • Taxation
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