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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Missouri Revenue Dep’t: Information Electronically Sent to Requestors by Out-of-State Company Is Not Subject to Sales Tax

Letter Ruling 6635  |  LR 6635  |  2/24/2011

The Missouri Department of Revenue has issued a letter ruling, stating that fees charged by an out-of-state healthcare information provider for medical records that it sends to requestors by fax or email are not liable to sales tax payment since no transfer of tangible of personal property is involved in the transaction. More...

Treasury and IRS Issue Guidance Outlining Phased Implementation of FATCA Beginning in 2013

Notice 2011-53  |  IRS Issue Number: IR-2011-76  |  7/14/2011

The Treasury Department and the Internal Revenue Service have issued a notice to phase in the requirements of the Foreign Account Tax Compliance Act (FATCA). More...

Federal Court Bars Philadelphia Tax Firm and Owner from Claiming First-Time-Homebuyer Tax Credit for Customers

U.S. Friday James, et al.  |  Case No. 11-913, U.S. District Court for Eastern District of Pennsylvania  |  4/13/2011

A federal court has barred a Philadelphia tax preparation firm and its owner from preparing federal tax returns claiming first-time-homebuyer tax credits and tax deductions for certain expenses. More...

Corporation May Not Elect Separate Accounting for Its Indirect Interest in Limited Liability Company, New York Tax Department Rules

Petition No. C100226A  |  TSB-A-11(5)C  |  2/22/2011

The issue in this tax advisory opinion is whether name Petitioner could make the separate accounting election under 20 NYCRR former §3-13.1 for its 2005 taxable year with respect to its indirect interest in a limited liability company that is treated as a partnership and is doing business in New York. More...

Federal Court Bars Two Los Angeles Residents from Promoting Sham Trust Tax Scheme

United States v. Gwenn Wycoff, et al.  |  Case No. 10cv5856-THN, U.S. District Court for the Central District of California  |  3/17/2011

A federal court has issued a preliminary injunction barring Gwenn Wycoff and Frank Ozak, both of Los Angeles, from promoting so-called “common-law trusts” that help individuals evade taxes, according to the Justice Department. More...

New York Tax Dept: California Company’s Sale of Dietary Supplements in the Form of Ready-to-Drink Beverages Are Exempt from Local Taxes

Petition No. S101129B  |  TSB-A-11(4)S  |  3/14/2011

The New York Department of Taxation and Finance (Department) has issued an advisory opinion, stating that a California-based company’s receipts from the sales of the products that it markets and distributes as dietary supplements in the form of ready-to-drink beverages, liquid concentrates, powdered drink mixes, and chews are exempt from State and local sales and use taxes under Tax Law §1115(a)(1) and 20 N.Y.C.R.R. §528.2(c). More...

New York Tax Department Announces Sales Tax Exemption for Clothing and Footwear Effective April 1, 2011

Sales Tax Exemption for Clothing and Footwear Effective April 1, 2011, through March 31, 2012  |  Technical Memorandum TSB-M-11(3)S  |  3/14/2011

The Taxpayer Guidance Division of the New York Department of Taxation and Finance has issued a Technical Memorandum to announce that for the period April 1, 2011, through March 31, 2012, clothing, footwear, and items used to make or repair clothing (clothing and footwear) sold for less than $55 per item of clothing or per pair of footwear will be exempt from the state’s 4% sales tax and the state imposed 3/8% sales tax in the MCTD. More...

CA Franchise Tax Board: Expenses for Gender Reassignment Surgery and Hormone Therapy for Treatment of Disease Are Tax Deductible

IRC section 213 – "Gender Reassignment Surgery Expenses"  |  Legal Division Guidance 2011-03-01  |  3/1/2011

The California Franchise Tax Board (“FTB,” or “Board”) has issued a guidance, stating that individuals are entitled to an income tax deduction for medical expenses for gender reassignment surgery and hormone therapy used for the treatment of a disease. More...

Illinois Governor Signs Internet Sales Tax Legislation

Mainstreet Fairness Bill  |  House Bill 3659  |  3/10/2011

Illinois Governor Pat Quinn has signed legislation to require all companies doing business in Illinois to collect and remit the legally required sales taxes. More...

IRS: Those Hiding Assets Offshore Face August 31 Deadline

2011 Offshore Voluntary Disclosure Initiative (OVDI)  |  IR-2011-14  |  2/14/2011

The Internal Revenue Service has laid down a special voluntary disclosure initiative designed to bring offshore money back into the U.S. tax system and help people with undisclosed income from hidden offshore accounts get current with their taxes. 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

Textron Inc.

County of Los Angeles

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

Detroit Medical Center

Department of Justice

Santini Stone LLC

City of Chicago

StubHub, Inc.

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

Additional Resources

Tax Law