Rudolph, Frances Hardman and Hardman, Inc. sought review of the lower court’s decision upholding tax deficiencies assessed by the Internal Revenue Service. Hardmans characterized a payment by a corporation as a part consideration for the purchase of property from Frances Hardman, treated the payment as a capital gain and the corporation added the payment to its basis in the property. IRS characterized the payment as a dividend, taxable as ordinary income and improperly added it to the corporation basis on resale. The appellate court identified eleven factors, which to varying degree influenced…
The following cases demonstrate instances when the United States Tax Court granted substantial compliance to taxpayers who did not meet all of the statutory requirements to receive the exemption. In Bond v. Comm’r, the taxpayer failed to attach a qualified appraisal to his income tax return, rather than a full appraisal. The Tax Court found that the taxpayer substantially complied with the statutory requirements to receive a charitable contribution deduction because “the substance or essence of whether the charitable contribution was made” fulfilled the legislative purpose. Bond v. Comm’r, 100 T.C. 32…
Commissioner Helvering of the Internal Revenue, the plaintiff, petitioned the United States Court of Appeals to review the decision of the Board of Tax Appeals to remove the tax deficiency associated with a transaction affecting the income taxes of the defendant, Evelyn Gregory.…
In the case Selfe v. United States, 778 F.2d769, the taxpayer established a line of credit in her own name, secured by…
9. If she had owed money but was not able to pay it, what options would she have? She can apply for additional time to pay through an online application where she might get granted extra time to pay based on her situation. Also she can setup an installment agreement; she could do this by applying on a Web-based Online Payment Agreement application on IRS.gov. There she might be allowed as a…
The IRS addresses this issue in Rev. Rul. 78-141, 1978-1 CB 58, where an attorney (who had malpractice insurance) paid a client for erroneous advice but did not file a claim against the insurer. The IRS found that the attorney could not deduct the payment as a loss under Section 165 or a business expense under Section 162.…
| Over a period of time Latrell accumulated enough frequent flyer miles to purchase a free roundtrip ticket to Milan, actually valued at $1200. The frequent flyer miles he used were generated through business travel expenses paid for entirely by Latrell’s employer.…
PREFACE The Internal Revenue Code, approved February 10, 1939, and published in this volume as Public Act No. 1 of the Seventy-sixth Congress, is the first Federal act of its kind since the Revised Statutes of the United States, approved…
A “tax can be defined as a payment to support the cost of government” (Jones, 2014). Taxes are implemented by our government to raise revenues for specific purposes. Our government implements local, state, and federal taxes. Each jurisdiction is subjected to the authority of the government above them.…
c. Green Thumb issues 40 shares of common stock to Paula plus a $100,000 ten-year bond bearing interest at 6% and 15 shares of common stock to Mary, plus a $100,000 ten-year bond bearing interest at 6%.…
For students who are just beginning their study of taxation, the tax environment in which individuals and organizations must function is unknown territory. Chapter 1 serves as a map of this territory. The chapter begins by describing the tax environment in terms of the basic relationship among taxes, taxpayers, and governments. It identifies the major types of taxes that businesses routinely encounter and examines how governments with overlapping jurisdictions compete for tax revenues. By reading the chapter, you will gain a familiarity with the tax environment that will serve you in good stead as we journey toward an understanding of the role of taxes in the business decision-making process.…
| Amanda should file her request as a separate return, and Head of household, so she is entitled to a personal exemption, standard deduction as a head of household and dependency exemption for Alex Jr. only.…
The procedure of when a Bill becomes law may start in the House of Commons or the house of law, the exception being financial bills.…
10. You are researching a point of law and discover a private letter ruling that supports your position. May you use this authority in a memorandum of law to the IRS or in a court brief?…
The courts play a basic and central role as interpreters of the basic tax code and the specific anti-tax avoidance elements within it. Their approach to this task may have a profouund influence on the scope of tax avoidance activity and the nature of the government’s response to avoidance.…