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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Federal Court Permanently Bars Owner and Employees of Rhode Island Firm from Preparing Federal Tax Returns

U.S. v. Michael Brier, et al.  |  No. 11-298  |  3/9/2011

A federal court in Providence, R.I., has ordered that Michael Brier, the owner of the tax return preparation firm Refunds Now Inc., and his employees, Jeffrey Sroufe, Esther Santiago and Carmen Miranda, be permanently barred from preparing federal income tax returns for others, according to the Justice Department. More...

Portion of Price Attributed to New York Users of Prewritten Software is Subject to State Sales Taxes, Tax Dept Rules

Petition No. S100623A  |  TSB-A-10(44)S  |  9/22/2010

In this Petition for Advisory Opinion, the Department of Taxation and Finance (“Department”), Petition asked whether any portion of the price it paid for prewritten software is subject to New York State sales and use taxes. More...

IRS Provides Relief for Homeowners with Corrosive Drywall

Revenue Procedure 2010-36  |  IR-2010-102  |  9/30/2010

The Internal Revenue Service (“IRS”) has issued guidance providing relief to homeowners who have suffered property losses due to the effects of certain imported drywall installed in homes between 2001 and 2009. More...

IRS Issues Informational Letter on Deductibility of Litigation Costs Paid under Contingent Fee Contract

Deductibility of Litigation Costs Paid under Contingent Gross Fee Contract  |  INFO 2010-0235  |  10/8/2010

The Internal Revenue Service (“IRS,” or “Service”) has written an information letter in response to a query from Rep. John P. Sarbanes (D-Md.) about the deductibility of litigation costs paid by law firms under a contingent gross fee contract. More...

New York Tax Department Issues Memo on Changes to Sales Tax Exemption for Clothing and Footwear

Changes to the Sales Tax Exemption for Clothing and Footwear  |  TSB-M-10(16)S  |  9/7/2010

The New York State Department of Taxation and Finance (“Department”) has issued a salex tax memo, stating that Chapter 57 of the Laws of 2010 recently amended the sales and use tax law to enact changes to the state’s exemption for clothing, footwear, and items used to make or repair clothing (clothing and footwear) sold for less than $110 per item or pair. More...

Federal Court Bars Multi-Million Dollar Tax Fraud Scheme Operating in Southern California

U.S. v. Alexander H. Adams, et al.  |  US District Court for the Central District of California, Case No. 210cv1852AH  |  9/28/2010

A federal court in Los Angeles has permanently barred three Huntington Beach men from preparing federal tax returns for customers, according to the Justice Department. More...

New York Tax Department Releases Memo on Amendment to the Definition of a Sales Tax Vendor for Out-of-State Sellers with Related Businesses in the State

Amendment to the Definition of a Sales Tax Vendor for Out-of-State Sellers with Related Businesses in New York State  |  TSB-M-10(12)S,  |  8/19/2010

The New York State Department of Taxation and Finance (“Department”) has issued a sales tax memo to explain that Chapter 57 of the Laws of 2010 recently amended the Tax Law to narrow the definition of a vendor for purposes of sales and use tax (sales tax). More...

New York Tax Department Issues Sales Memo on Amendments Affecting Sales Tax to Rent Received for Hotel Occupancy by Room Remarketers

Amendments Affecting the Application of Sales Tax to Rent Received for Hotel Occupancy by Room Remarketers  |  TSB-M-10(10)S  |  8/13/2010

New York State Department of Taxation and Finance (‘Department”) has issued a sales tax memo to explain that legislation was recently enacted (Chapter 57 of the Laws of 2010), effective September 1, 2010, to ensure that state and local sales taxes (sales tax) are paid on the full amount charged to customers by businesses such as Web-based travel companies (hereinafter room remarketers) for hotel occupancy in New York State. More...

Receipts from Printing and Mailing Patient Billing Statements are Subject to Sales Tax, New York Tax Department Rules

Petition No. S100615A  |  TSB-A-10(43)S  |  9/22/2010

The issue in this advisory opinion issued by the New York State Department of Taxation and Finance (“Department”) is whether Petitioner’s receipts from printing and mailing patient billing statements are subject to sales tax. More...

Reporting of Cost of Coverage under Employer-Sponsored Group Health Plan on W-2 Not Mandatory under IRS Notice

Notice 2010-69  |  N-2010-69  |  10/12/2010

This notice provides interim relief to employers with respect to reporting the cost of coverage under an employer-sponsored group health plan on Form W-2, Wage and Tax Statement, pursuant to § 6051(a)(14) of the Code. 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