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Tax Litigation Blog 
Current tax cases and tax doctrines, as applied by the courts and the Internal Revenue Service for CPA's and attorneys who have an interest and/or need for a tax litigator.
Post Frequency: 0.7/day Last Entry: July 17, 2009 at 11:42:07 Recent Entries: 75
By Fox Rothschild
Go to Tax Litigation Blog, find other Taxation & Estate Planning blogs, or browse all law blogs.
Estate of Erickson v. Commissioner, T.C. Memo. 2007-107. Is anyone reading Strangi, Rosen, Bongard, or Shepherd?
Posted on May 06, 2007Another case where the reader of the opinion is left wondering – Why did this case go trial? The results - Bad facts equals the IRS winning another Family Limited Partnership case. However, there is some positive news to come out this case. Rather than relying on ambiguous, nebulous language, Judge Kroupa rolls up his sleeves and delves into the Bongard standards in detail...
EC Term of Years Trust v. United States, - U.S. - (2007) Statutory Analysis wins!
Posted on May 06, 2007The Supreme Court held that as to third party wrongful levy actions there is a specific statute § 7426(a)(1) that governs this area. Therefore, the limitations period for a tax refund action under 28 U.S.C. § 1346(a)(1) does not apply. The outcome is not a surprise but the analysis in the decision, albeit short and simple, again raises questions as to the strategy being employed by the Government in its battles as to tax shelters...
Exceptional Circumstances in Discovery - Not in Stein.
Posted on April 22, 2007In United States v. Stein, 2007 TNT 32-19 (S.D.N.Y. 2007), the Court denied the Government’s motion to depose certain witness that live abroad. The denial was based on the Court’s reading of Federal Rule Criminal Procedure 15, (hereinafter referred to as “FRCP 15”)...
U.S. v. Davenport, -- F.3d - (5th 2007) - Is it Res Judicata or is it collateral estoppel
Posted on April 15, 2007If asked how many of us could succinctly tell a client the difference between res judicata and collateral estoppell? Well it appears that the 5th Circuit and the 10th Circuit have trouble differencing these judicial terms as well as the rest of us. Unfortunately for Davenport, the 5th Circuit’s definition of res judicata caused them to be found liable for the gift’s taxes under § 6324 while a co-personal representative of the same estate may be off the hook...
Call it the Government just being obstinate or worse call it for what it is - just plain dumb idea - Klamath Strategic Investment Fund, LLC v. United States, --- F.Supp.2d ----, 2007 TNT 66-9 (E.D.Tex.. 2007). (Part II).
Posted on April 08, 2007Well the Government asked the Court to reconsider its opinion. Let’s just say for the Government that said motion was not a wise choice but for taxpayers in the Fifth (and maybe the Eleventh) they say “Thank You”!!! Not only did the Court not reconsider its opinion but it further elaborated as to why the plaintiff’s were entitled to deduct operational and interest expenses...
Multiple Issues - When can you "rely" on the IRS; Did the Tax Cheat really beat the system; Jenkens & Gilchrist; and the 40% penalty issue surfaces again!
Posted on April 01, 2007This past week there was a lot of interesting news that came around. The first issue really came out two weeks ago in an order issued by the United States Court of Claims in Evergreen Trading, LLC v. United States. I did not consider it worth mentioning it until I overheard a conversation between two distinguished tax planners with one of them bemoaning the IRS’s lack of guidance on a particular subject but then bragging about how he conducted a search on the IRS’s web-site to ascertain the IRS’s position which allowed him to render advice to the client...
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As of right now i am currently residing in a federal halfway house and wish to pursue a 28 U.S.C.1331 civil action lawsuit which initially began in 2003 to the present date.if the litigation is still continuing,can i sti
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As of right now i am currently residing in a federal halfway house and wish to pursue a 28 U.S.C.1331 civil action lawsuit which initially began in 2003 to the present date.if the litigation is still continuing,can i sti
Give me the specifics and maybe I can tell you if your case is worth trying. Whe...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
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