Tax Law Updates

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TIFD III-E, Inc. v. United States: Second Circuit Rejects Debt Holder as Partner, Enforces § 6662 Penalties

By H. Jacob Lager of Zuber & Taillieu

The Second Circuit recently found that partners whose interests are bound by overwhelmingly debt-like features are not partners for tax purposes. In TIFD III-E, Inc. v. United States, 666 F.3d 836 (2d. Cir. 2012), the Second Circuit rejected taxpayer’s argument that I.R.C. § 704(e)(1) broadened existing law to include debt… More...

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NY Tax Dept: Roaming Mobile Telecom Services to Customers of Foreign Carriers Are Not Subject to Sales or Telecoms Excise Taxes

Petition No.. Z091116B  |  TSB-A-10(5)C  |  5/4/2010

In this Advisory Opinion, the New York State Department of Taxation and Finance (“Department”) resolved the issue whether roaming mobile telecommunications services provided to customers of foreign mobile telecommunications carriers and billed to the customer by the foreign carrier are subject to New York State and local sales taxes or the telecommunications excise tax. More...

Illinois Dep’t of Revenue: Tuition Paid to California Home-Base Internet Schooling Not Entitled to Education Expense Credit

IT 10-0010-GIL 04/19/2010  |  Credits – Other Rulings  |  4/19/2010

The Illinois Department of Revenue (“DOR,” or “Department”) has issued a General Information Letter (“GIL”), ruling that tuition paid to a California school for home-based internet schooling does not qualify for the education expense credit. More...

IRS: Money Recovered from Wrongful Death Action Resolved by Legislative Settlement Is Excludible from Gross Income

Private Letter Ruling LTR 201022009  |  LTR 201022009  |  2/24/2010

In a Private letter Ruling, the Internal Revenue Service (“IRS,” or “Service”) has determined that the amount received from a wrongful death action resolved by legislative settlement is not includible in the gross income under section 104(a)(2), except for any amounts attributable to medical expenses that were in fact deducted on a previous year's federal income tax return. More...

NY Dep’t of Taxation: Same-Sex Marriage Not Recognized for State Personal Income Tax Purposes

Petition No. I090921A  |  TSB-A-10(2)I  |  5/12/2010

In this Petition for Advisory Opinion, the New York State Department of Taxation and Finance (‘Department”) resolved whether marriage to a same-sex partner will be recognized for New York State personal income tax purposes as a result of Governor David Paterson’s 2008 directive to all State Agencies regarding same-sex marriage recognition. More...

NY Tax Dep’t: Litigation Support Services Delivered Online or in Tangible Format Are Not Subject to Sales and Use Tax

Petition No. S090825A  |  TSB-A-10(20)S  |  5/6/2010

The New York State Department of Taxation and Finance (“Department”) has issued an advisory opinion, stating that a company’s (“Petitioner”) litigation support services delivered online or in tangible format such as DVDs and CDs are not subject to sales and use tax. More...

Tax Court Announces Mandatory eFiling for Most Represented Parties

Tax Court’s E-Filing Requirement  |  No. ______  |  5/6/2010

The United States Tax Court has decided to make electronic filing (“eFiling”) mandatory for most parties represented by counsel (practitioners) in cases in which the petition is filed on or after July 1, 2010. More...

IRS Releases Ruling on Interest Expense Treatment for Foreign Life Insurance Company with US Branch

IRS Legal Memorandum ILM 201013001  |  ILM 201013001  |  11/30/2009

The U.S. Internal Revenue Service (“IRS,” or “Service”) has released a ruling relating to the proper allocation of interest expense of a foreign life insurance company doing business in the U.S. through a branch. More...

Revenue Procedure Provides Alternative to Employees for Substantiating Travel and Other Expenses

Revenue Procedure 2009-47  |  RP-2009-47  |  9/30/2009

Revenue Procedure 2009-47 provides rules for employees who are reimbursed for lodging, meals, and incidental expenses, or meals and incidental expenses only, while traveling away from home, to substantiate the expenses by per diem allowance in lieu of actual expenses. More...

PricewaterhouseCoopers Issues Comments on IRS Letter Ruling on Foreign Base Company Sales Income

PricewaterhouseCoopers’ Comments on IRS Private Letter Ruling 201002024  |  PWC on PLR 201002024  |  4/6/2010

PricewaterhouseCoopers (“PWC”) has released its comments on Internal Revenue Service (“IRS”) Private Letter Ruling (“PLR”) 201002024 relating to the determination of foreign base company sales income (“FBCSI”). More...

IRS Issues Guidance on Tax Treatment of Health Care Benefits for Children Under Age 27

Tax Treatment of Health Care Benefits Provided for Children Under 27  |  Notice 2010-38  |  4/27/2010

The Internal Revenue Service (“IRS,” or “Service”) has issued guidance on the tax treatment of health care benefits provided with respect to children under age 27 under the newly enacted health care law. 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

TIFD III-E, Inc.

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