James R. Malone, Jr. – MALONE LLC

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

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

Transferee Liability for Federal Taxes.

This post covers another MidCoast transferee liability case. This time the Seventh Circuit rejected the government's contention that it can use federal law to recast a transaction for purposes of state fraudulent transfer…more
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Ordinary Losses: Plain Language Prevails In A Dispute Over Characterization.

Last week, the Fifth Circuit issued an interesting opinion in a dispute over the proper characterization of losses that stemmed from abandonment of securities. Caveat-while the court holds that an ordinary loss resulted, a…more
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Transferee Liability: Taxpayers Win a MidCoast Case, Part II.

This post continues coverage of a recent MidCoast transferee case in which the taxpayers prevailed…more
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Transferee Liability: Taxpayers Win a MidCoast Case, Part I.

After a series of government wins in MidCoast transferee liability cases, a group of taxpayers recently won a case in North Carolina. This post commences discussion of the case…more
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Attorneys’ Fees in Tax Cases: A Look at Substantial Justification.

This post covers a recent opinion dealing with fee awards in tax cases and the question whether the federal government's position is substantially justified…more
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Don’t Change the Rules: A Look At the Impact of Technical Advice Memoranda.

This post covers a recent district court opinion holding that the IRS was bound by a prior technical advice memorandum when an issue recurred in a new audit…more
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Tax Procedure: Refund Claims in Excise Tax Cases.

This post reviews a recent district court case addressed the procedural requirement for a refund claim involving excise taxes; the court issued a pro-taxpayer ruling that included a strong dose of common sense…more
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Conservation Easements: Strict Compliance is Required.

The Tenth Circuit has ruled that almost isn’t good enough in establishing a qualified conservation easement. If a taxpayer wants the deduction, she will need to comply strictly with all regulatory requirements…more
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The Ninth Circuit Rules that Transferee Liability Must Be Determined Under State Law.

This post summarizes a recent opinion from the Ninth Circuit on transferee liability under Section 6901 of the Internal Revenue Code…more
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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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Areas of Practice
  • Appellate Practice
  • Litigation
  • Taxation
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