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Federal Cases: ESOP Fidiciuary Responsibility, Valuation Misstatement Penalties, More

Plus: Bishop v. Commissioner Rules on When and Whether a Bad Debt Loss Can Be a Claimed Deduction In Schwab v. Commissioner, a case turns on when a variable universal life insurance policy is a taxable event.  In Boone Operations Co., LLC v. Commissioner, find out when contributing fill dirt to the city of Tucson is or isn’t a charitable or taxable event. ...

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Federal Case Law: False Claims on Federal Loan Guarantees, Inadequate Discovery, and More

Case Summaries from the U.S. Court of Federal Claims and the Appeals Courts of the Sixth and Seventh Circuits A corporation lies in applying for federal loan guarantees—and faces treble damages in United States v. Anchor Mortgage.  In Naylor v. Invacare, plaintiff’s request for information plays a key role.  Find out more. ...

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State Case Law: Iowa Focuses on Equalization Payments, Louisiana Considers Future Cash Flow

Recent Cases Consider: Fair Market Value in Arkansas, Equalization Payments and Healthcare Credits in Iowa, and Valuations Based on Future Cash Flow in Louisiana Judge Wiggins in Iowa rules In re Marriage of McDermott on equalization payments and tax credits for health insurance payments.  In Louisiana, Judge Williams finds a valuation in Fancher v. Prudhomme invalid since it was based on assumed cash flow— ...

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Tax Court Settles Art Valuation Case—Accounting Today

Estate of Elkins Included Works by Picasso, Jackson Pollock, Henry Moore, Paul Cezanne, and Jasper Johns Roger Russell at Accounting Today reports that in the case, Estate of Elkins, 140 TC No. 5, the court applied Section 2703(a)(2) of the Tax Code in valuing the art, which included works by Picasso, Jackson Pollock, Henry Moore, Paul Cezanne, and Jasper Johns.  Section 2703(a)(2) of the Tax Code provides ...

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State Case Law Rulings on Eminent Domain in California, Non-Competition in Texas

Plus: Rulings on Family Business Share Value in Oklahoma, Expert Witnessing in New Hampshire The California Appeals Court rules on whether a vineyard’s expectations for future profits for land taken in eminent domain proceedings was a reasonable extrapolation in The People v. Dry Canyon Enterprises, LLC.  Click for more state case law on non-competition agreements, expert witnessing, and family business sha ...

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Tax Court Considers Renovation Value of $10M Home; Bankruptcy Court and Expert Testimony

A Petitioner Relies Reasonably on His CPA in Gaggero v. Commissioner, the Tax Court Finds. That Makes a Difference: Here’s Why. In Gaggero v. Commissioner, Judge Holmes at the U.S. Tax Court disagrees with the IRS’s contention that the plaintiff conducted an improper scheme to avoid capital gains.  In First Street Holdings NV, LLC v. MS Mission Holdings, LLC, Judge Markell at the U.S. Bankruptcy Court finds ...

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Kite v. Commissioner is a Major Loss for IRS —Financial Planning

Case Involved $6M in Gift Tax and $5M in Estate Tax; Interest in General Partnership Sold for Private Annuity; Much Planning at the End of 2012 Bruce Givner at Financial Planning reports that U.S. Tax Court Judge Elizabeth Paris handed the taxpayers a victory last Thursday [2/14/2013]  involving a powerful estate tax planning tool: private annuities.   The case, Estate of Kite v. Commissioner, is important, ...

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IRS Wins Major Tax Shelter Case —WSJ Washington Wire

Tax Court Judges Structured Trust Advantaged Repackaged Securities” ("STARS") as Illegitimate.  Costs to BNY/Mellon May Exceed $800M. The Internal Revenue Service won a high-profile tax shelter case involving Bank of New York Mellon Corp. on Monday, in a ruling that could cost the company more than $800 million.  John D. McKinnon at the WSJ Washington Wire reports the news: ...

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State Case Law Updates—Deloitte

Income/Franchise Changes in Wisconsin,  Sales & Use Exclusion in California, Nevada Supreme Court Upholds Margin Tax Initiative Deloitte State Tax Matters has a new set of updates on state tax law developments and changes. Deloitte's February 8th Issue includes additional detail on some of the cases cited and excerpted below. For more information, visit Deloitte's full State Tax Matters archive here. ...

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A Federal Appeals Court is Scheduled to Hear Arguments Today Over When Software is Patentable —Wall Street Journal, Seeking Alpha

"It's a Huge Case for the Patent-Law Community." On One Side: Google, Facebook, Intuit.  On the Other? IBM. "Because the patents are often unclear, there's no way to know whether an infringement claim by a competitor or a troll is legitimate until you've spent $8 million in litigation fees," said Mr. Schruers Ashby Jones in the Wall Street Journal  reports this morning that a federal appeals court in Washin ...

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Federal Court Rules Against IRS Regulation of Tax Preparers — Journal of Accountancy

The United States District Court for the District of Columbia on Friday struck down the IRS’s registered tax return preparer program and enjoined it from enforcing the regulations Alistair M. Nevius at the Journal of Accountancy reports that a federal district court has struck down the Internal Revenue Service's registered tax return preparer program as exceeding the IRS' statutory authority. The court gran ...

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FAF Review Team On FASB Statement 131 Segment Reporting —MarketWatch

Some Stakeholders Suggest Improvements to Segment Reporting Information  A 1996 accounting standard established to improve the way public companies report financial information about their business segments generally achieves that purpose, although some stakeholders suggest improvements. That was the overall conclusion of the post-implementation review (PIR) of Financial Accounting Standards Board (FASB) St ...

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Supreme Court Will Consider Case on Foreign Tax Credit —The Tax Adviser

When Is a Foreign Tax Creditable Under Sec. 901?  The Tax Adviser's  James A. Beavers, J.D., LL.M., CPA, CGMA, reports that The U.S. Supreme Court has agreed to hear a case that delves into the contentious issue of when taxpayers are eligible to claim a foreign tax credit under Section 901 of the U.S. tax code. A ruling by the court would clarify part of the provision that has been litigated for decades. ...

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Federal Case Law Weighs In On Partnership Interests, Charitable Contributions

A Valuation Misstatement Results in Tax Underpayment; An Appraisal is “Not Qualified.” In Alpha I, L.P., v. United States, Judge O’Malley of the U.S. Court of Appeals for the Federal Circuit considers the legitimacy of certain partnership transfers to charitable remainder unitrusts (CRUTs).  In Rothman v. Commissioner, Judge Laro at the U.S. Tax Court rules on the importance of a “qualified appraisal.”  ...

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What the New Tax Law Means for You and Your Clients —Accounting Web

Beyond The Fiscal Cliff:  Details to Act On Gail Perry at Accounting Web introduces a set of articles on the effect of the "fiscal cliff." A first article – New Tax Law Emerges Beyond the Fiscal Cliff – provides an overview of the key tax provisions that will affect your individual and business clients. It's followed by coverage of how the new law will impact federal estate, gift, and generation-skipping ta ...

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New York Updates Franchise Reporting Regulations —Deloitte

New York State Department of Taxation and Finance recently adopted amendments to the combined reporting regulations applicable to general business corporations (including REITs and RICs) subject to the Franchise Tax imposed by Article 9-A of the New York Tax Law. The New York State Department of Taxation and Finance (Department) recently adopted amendments to the combined reporting regulations applicable to ...

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Deloitte: California Franchise Tax Board Revamps Rules on Small Business Stock Gain Exclusions, Deferrals

Notice implements court of appeal decision involving qualified small business stock gain exclusion/deferral Deloitte's Tax Matters newsletter (Issue 2013-02) reports that on September 10, 2012, a Tax Alert was issued summarizing the California Court of Appeal’s decision in Cutler v. Franchise Tax Board (“Cutler”) involving the exclusion or deferral of qualified small business stock gain.  More: ...

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Case Law: Valuation Experts Play Key Roles in Cases in Texas, Arizona

Top State Courts Consider the Value of Goodwill, the Legitimacy of the Income Method of Valuation In State of Texas v. Clear Channel Outdoor, the Texas Court of Appeals considers testimony from an expert regarding the income method of valuation for the billboards; in Walsh v. Walsh, the Court of Appeals of Arizona reassesses the realizable benefits of stock redemption value in a law firm, and determines the ...

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