Tax Law Updates

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Klauer v. Commissioner: Step Transaction Doctrine Does Not Apply to Multi-Step Bargain Sales to Charity

By H. Jacob Lager of Zuber & Taillieu

The Tax Court has held that the step transaction doctrine did not apply to a series of bargain sales from a family-owned S Corp. to a charitable organization. As a result, the shareholders were entitled to charitable contribution deductions related to the sales. In William R. Klauer v. Commissioner of… More...

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Three Percent Withholding Repeal and Job Creation Act Signed into Law

Three Percent Withholding Repeal and Job Creation Act  |  H.R.674, S. 1762  |  11/21/2011

President Barack Obama has signed into law the Three Percent Withholding Repeal and Job Creation Act of 2011. More...

Three Federal Court Rulings on Abusive Tax Shelters Issued in One Day

Southgate Master Fund LLC v. United States; Pritired 1 LLC v. United States; WFC Holdings Corporation v. United States  |  Case Nos. No. 09-11166; 4:08-cv-00082-JAJ-TJS; 07-3320 (JRT/FLN)  |  9/30/2011

Three federal courts have issued decisions in favor of the United States in three separate cases involving abusive tax shelters, according to the Justice Department. All of the court opinions were issued on Sept. 30, 2011. More...

New York Tax Department Clarifies 20-Year Statute of Limitations to Collect Tax Liabilities under New Law

Twenty-Year Statute of Limitations to Collect Tax Liabilities  |  TSB-M-11(10)C, Chapter 432 of the Laws of 2011, Tax Law section 174-b  |  9/9/2011

The New York State Department of Taxation and Finance (“Department”) has issued a memorandum to explain the recently enacted legislation that amends the 20-year statute of limitations to collect tax liabilities. More...

IRS Issues Guidance to Further Implement Return Preparer Oversight

Guidance Regarding Obtaining and Renewing PTINs and Continuing Education Requirements for Registered Tax Return Preparers  |  Notice 2011-80  |  9/21/2011

The Internal Revenue Service has provided additional clarification for tax return preparers about when to renew their preparer tax identification numbers (PTINs), how suitability testing will be conducted, and when the continuing education requirement will begin. More...

Indiana Dept of Revenue Clarifies Legislative Changes in Compliance with Streamlined Sales Tax Project

Streamlined Sales Tax Agreement Provisions – Indiana Department of Revenue  |  Indiana Tax Commissioner’s Directive Number 21  |  9/20/2011

The Indiana Department of Revenue has issued a Directive No. 21 to clarify legislative changes that have been made to ensure Indiana’s compliance with the Streamlined Sales Tax Project (SSTP). More...

New York Tax Department Explains Sales Tax Treatment Relating to Sale and Redemption of Certain Prepaid Discount Vouchers

Sales Tax Treatment Relating to the Sale and Redemption of Certain Prepaid Discount Vouchers  |  TSB-M-11(16)S  |  9/19/2011

The New York Department of Taxation and Finance (“Department”) has issued a technical memorandum to guidance on the application of the sales and use tax (sales tax) to purchases involving vouchers sold by Web-based companies that are then redeemed by the purchaser at a business that sells the property or service. More...

IRS Launches New Voluntary Worker Classification Settlement Program to Provide Employers Past Payroll Tax Relief

Voluntary Classification Settlement Program  |  IRS No. IR-2011-95, Announcement 2011-64  |  9/21/2011

The Internal Revenue Service has launched a new program that will enable many employers to resolve past worker classification issues and achieve certainty under the tax law at a low cost by voluntarily reclassifying their workers. More...

Texas Comptroller Clarifies Definition of “Place of Business of the Retailer” for Local Sales and Use Tax Purposes

Purchasing Offices and Sourcing of Local Sales and Use Taxes – Texas Comptroller of Public Accounts  |  Letter-Ruling Accession No. 201108160L  |  8/2/2011

The Texas Comptroller of Public Accounts has issued a tax letter-memorandum, clarifying that a purchasing office that does not receive a rebate of local sales taxes, or was not established or moved for the purpose of avoiding local sales and use taxes or receiving a local tax rebate, will still qualify as a retail place of business for sales and use tax sourcing purposes. More...

Sales of E-books by California-Based Online Bookstore Not Subject to Sales and Use Tax, New York Tax Department Holds

Petition No. S101118A  |  TSB-A-11(20)S  |  7/8/2011

In an advisory opinion, the New York State Department of Taxation and Finance held that sales of e-books of a California-based online bookstore are not subject to sales and use tax. More...

IRS: Two-Year Limit No Longer Applies to Many Innocent Spouse Requests

Equitable Relief Under Section 6015(f)  |  Notice 2011-70  |  7/25/2011

The Internal Revenue Service today announced that it will extend help to more innocent spouses by eliminating the two-year time limit that now applies to certain relief requests. More...

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Companies Mentioned

Tax Law

The following companies are mentioned in Tax Law Updates:

Internal Revenue Service

Swallows Holding, Inc.

The State of New York

New York State Department of Taxation and Finance

Amazon.com LLC

Amazon Services, LLC

Department of Justice

Santini Stone LLC

City of Chicago

StubHub, Inc.

Mayer Brown LLP d.b.a. Mayer, Brown, Rowe & Maw LLP

Textron Inc.

County of Los Angeles

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Detroit Medical Center

Additional Resources

Tax Law