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Court News: Economic Substance Doctrine Nullifies Transaction

The IRS won a major economic substance case on October 31. A federal district court in Liberty Global, Inc. v. United States, No. 20-cv-03501 (D. Colo.), found that a planned corporate transaction lacked economic substance. ...more

5 Things to Know About the IRS Proposed Regulations for Supervisory Approval of Penalties

On April 11, 2023, the IRS issued proposed regulations concerning IRC § 6751(b). The statute requires that specific civil penalties must be personally approved (in writing) by the immediate supervisor of the individual making...more

Justices Leave Questions Open On Dual-Purpose Atty Advice

In-house counsel, tax attorneys and litigators alike were disappointed by the U.S. Supreme Court's recent decision to dismiss the appeal of In re: Grand Jury on grounds that certiorari was improvidently granted. The...more

Supreme Court Rules that FBAR Penalties are Per-FBAR Form, Rejecting IRS's Per-Account Position

Today, the Supreme Court issued a 5-4 decision in Bittner v. United States, ruling that the Bank Secrecy Act’s $10,000 maximum penalty for a nonwillful failure to file a timely and accurate FBAR report accrues on a per-FBAR...more

SCOTUS DIGs on Attorney Client Privilege Test for Dual Purpose Communications

Today, the United States Supreme Court issued a "non-decision" in In re Grand Jury. The case involved a conflict among federal circuit courts of appeal over which legal test should be applied to evaluate whether so-called...more

Fortify attorney-client privilege over dual-purpose communications before Supreme Court decides In Re Grand Jury

...A communication must be made for the purpose of legal advice to be protected from disclosure by the attorney-client privilege. If legal advice is not the purpose of the communication, the attorney-client privilege does not...more

Tax Court Denies Coca-Cola's Request for Reconsideration in Pivotal Transfer Pricing Case

The Tax Court has denied Coca-Cola’s request to file an out of time motion for reconsideration of the Court’s November 2020 adverse transfer pricing decision. Coca-Cola filed its motion 196 days after the Tax Court served its...more

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