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

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

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

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

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

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

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
Showing 1-15 of 222 Results
View per page
Page: of 15

Four Penn Center
1600 JFK Boulevard
Philadelphia, PA 19103, United States

  • 215-587-1051
  • 215-320-4700

Areas of Practice
  • Appellate Practice
  • Litigation
  • Taxation
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.