Tax practice

The Taxpayer Advocacy Panel has released its 2005 Annual Report summarizing its new recommendations for improvements in the way the Internal Revenue Service does business.The report forwarded suggestions to the IRS representing a variety of concerns, including six suggestions regarding refunds and refund anticipation loans, and recommendations to change the instructions for offers in compromise.

The U.S. Supreme Court unanimously denied a taxpayer group's challenge to nearly $300 million in tax breaks given to a DaimlerChrysler plant in Toledo, Ohio.In the 9-0 decision, Chief Justice John Roberts wrote that the municipal taxpayer group had no standing to challenge tax or spending decisions based solely on their status as taxpayers. He wrote that the argument added "yet another level of conjecture to their already hypothetical claim of injury."

The Tax Increase Prevention and Reconciliation Act of 2005, signed by President Bush on May 17, 2006, took so long in coming that it still carried the "Act of 2005" label.Far from having no surprises, however, the final bill contained a generous handful of provisions that had been far out of the money only weeks before. While some of these unexpected changes impact businesses, the most high-profile surprises appear to focus on the individual taxpayer. These include the lifting of the adjusted gross income cap on Roth IRA conversions, the raising of the "Kiddie Tax" age limit to 18 years, and the increase in the AMT exemption amounts.

When recognizing benefits from uncertain tax positions in their financial statements, what level of confidence should corporations have that those positions will be sustained? How do they determine whether or not their positions meet that threshold for recognition?And if the position meets that recognition threshold, what share of the related benefit should be included in the entity's financial statements? What actions or events could change that recognition status for future financial statements?

The Internal Revenue Service will survey nearly 50,000 taxpayers this month to help the agency improve the way it provides taxpayer services.

In the wake of a failed effort to push through a permanent repeal of the estate tax, two Republican Congressman have introduced companion bills to form a new "Securing America's Future Economy Commission."

For the next four months, the Internal Revenue Service's Statistics of Income Division will be testing a prototype SOI Table Wizard.

In testimony before the Senate Finance Committee, Comptroller General David Walker said that it is impossible to know th e total amount of corporate tax avoidance for a number of reasons.

I've always believed in the old adage, "Never say never."

Intuit Inc. is among the latest companies receiving an informal inquiry from the Securities and Exchange Commission regarding its stock option granting practices.

The Internal Revenue Service's Office of Taxpayer Burden Reduction is asking the public for recommendations on ways to reduce taxpayer burden.

A Republican-lead effort to repeal the estate tax failed to even reach a vote on the Senate floor.

A former Loveland, Colo., tax preparer charged with filing a false tax return for a couple in 2001 has pleaded guilty in U.S. District Court.

A Los Angeles-based firm who advertised that tax delinquents could settle with the Internal Revenue Service for "pennies on the dollar," is facing two lawsuits.

Having been scrapped from Congress's legislative agenda in the wake of Hurricane Katrina, a vote to permanently repeal the estate tax could be held in the Senate this week.

A laptop containing fingerprints of nearly 300 Internal Revenue Service employees and job applicants is missing, according to published reports.

Some taxpayers make novel arguments in attempts to be taxed at a favorable capital gains rate. Wolman v. Comm. is a Tenth Circuit Court of Appeals order and judgment affirming a Tax Court decision, and it shows how creative taxpayers can be.

Years ago, I remember watching a news vignette about a drawbridge in some frigid state that kept an operator on duty 24 hours a day.

Although the continuing thirst of states for more dollars to fuel spending increases has led to a variety of efforts to augment tax revenue, they differ widely on what they consider sufficient contact with a business to give them the authority to tax it."Nexus" is the minimum amount of contact between a taxpayer and the state that would permit taxation by the state. It arises from the Constitution's due process clause, which requires a minimum connection between a state and an entity that it seeks to tax, and the Commerce Clause, which prohibits states from unduly burdening interstate commerce.

With a Congress and an administration too fond of tax cuts and spending to solve the growing budget deficit, the tax gap has become a more convenient focus for deficit reduction. With the tax gap, the Congress can urge action by the Internal Revenue Service without having to figure out what to do itself.The IRS estimates that the tax gap is $345 billion, which, if collected, could make a significant dent in the projected annual deficit, which is now approaching $500 billion.