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

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

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

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

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

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

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

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

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

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

Criminal Fines, Civil Forfeitures and Collected Proceeds; More on Mandatory Whistleblower Awards Under the Internal Revenue Code.

This post continues coverage of an important Tax Court ruling on the calculation of mandatory whistleblower awards under the Internal Revenue Code…more

Whistleblowers: Criminal Fines and Civil Forfeitures are Included in the “Collected Proceeds” Used to Calculate a Mandatory Award Under the Internal Revenue Code.

On August 3rd, the Tax Court entered a ruling in a whistleblower case granting an award under Section 7623(b) of the Internal Revenue Code. The court held that the “collected proceeds” that form the base to calculate the award…more

Whistleblowers: Exploring the Link Between Increased Tax Collection and an Award under Section 7623 of the Internal Revenue Code.

A recent Tax Court opinion highlighted an interesting issue: will an indirect chain of causation between a whistleblower’s submission of information and increased collection of tax justify an award? It just might. This post…more

A Guilty Plea in a Tax Evasion Case May Not Sustain a Civil Tax Deficiency.

Last week, the Tax Court closed out a long-running case in which the IRS was unable to sustain a civil deficiency it had issued to a taxpayer who had entered a guilty plea on a charge of tax evasion and had stipulated to an…more

Tax Procedure: Transferee Liability and Interest.

The Tax Court added over $13 million in interest to a 21 million dollar judgment in a transferee case on Monday. This post provides the background…more

Self-Employment Tax Reaches Retirement Income.

An independent contractor who worked for Mary Kay received an unpleasant surprise when the Eleventh Circuit ruled that her post-retirement payments were subject to self-employment tax. This post summarizes a complex issue that…more
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