Tax

-- The IRS is providing limited transition relief for certain partnerships and other pass-through entities. Section 470 of the American Jobs Creation Act of 2004 generally bars a deduction for "tax-exempt use losses" on "tax-exempt use property," where there are leases of property in sale-in, lease-out transactions involving tax-exempt entities. It is generally applicable to leases entered into after March 12, 2004. In Notice 2005-29, the IRS indicated that it would not apply Section 470 to partnerships or other pass-through entities for taxable years beginning before Jan. 1, 2005, for property treated as tax-exempt use property solely because of the application of Section 168(h)(6). Section 168(h)(6) provides that if any property that isn't otherwise "tax-exempt use property" under Section 168(h) is owned by a partnership that has both a tax-exempt entity and a person who isn't a tax-exempt entity as partners, and any allocation to the tax-exempt entity of partnership items isn't a qualified allocation, an amount equal to the tax-exempt entity's proportionate share of the property generally is treated as tax-exempt use property.

Washington - Witnesses at the inaugural meeting of President Bush's Advisory Panel on Federal Tax Reform, held here last month, laid the groundwork for considering the roster of options facing panel members, who are saddled with the daunting task of recommending specific changes to the behemoth Internal Revenue Code.Former senator Connie Mack, chairman of the reform panel, said that the group would "take a fresh look at the existing tax code and will formulate options for making the tax system simple, fair and productive."

Washington - The Internal Revenue Service has announced a settlement initiative for executives and companies that participated in an abusive tax avoidance transaction involving the transfer of stock options or restricted stock to family-controlled entities.Under this scheme, executives, often facilitated by their corporate employers, transferred stock options to family-controlled partnerships and related entities typically created for the purpose of receiving the options and avoiding taxes on compensation income normally taxed to the executive. The tax objective was to defer for up to 30 years taxes on the compensation, and the plan resulted, in many cases, in the corporation deferring a legitimate deduction for the same compensation.

The President's Advisory Panel on Federal Tax Reform will hold its fourth meeting on Wednesday, March 16, at the University of Chicago Graduate School of Business Gleacher Center. Witnesses will provide perspectives on the impact of the tax laws on important taxpayer decisions and how the tax system treats investment alternatives. Panel I, on taxes and individual decisions, will hear testimony from James J. Heckman, a Nobel Laureate in Economics and professor of economics at the University of Chicago. Panel II will examine taxes and investment alternatives. Its witnesses include Brian Wesbury, chief investment strategist at Claymore Securities Inc.; Kathleen Kennedy, an associate professor of law and director of the Center for Tax Law and Employee Benefits at John Marshall Law School; Dr. Susan Dynarski, assistant professor of public policy at the Kennedy School of Government at Harvard University; and Armond Dinverno, principal and co-president of Balasa Dinverno & Foltz LLC. Panel III, on taxation of financial instruments, will hear David Weisbach, a professor of law at the University of Chicago; and Robert McDonald, a professor of finance at the Kellogg School of Management at Northwestern University.

Individual taxpayers electronically filed 39.2 million returns through March 4 -- up 2.1 million or about 6 percent over last year's numbers, according to the Internal Revenue Service. The biggest increase came in home computer use, which was up 14 percent. Out of 55 million returns filed as of March 4, 72 percent were e-filed -- up from 67 percent the previous year. While this percentage will decline as April 15 approaches, the IRS expects for the first time to have more than half of all individual tax returns filed electronically. The jump in computer use coincides with another strong year for the Free File program, under which the IRS and a consortium of tax software manufacturers offer free services. More than 3 million returns came in through Free File through March 2, a 43 percent increase from 2.15 million returns for the same period last year. Record numbers of individuals are choosing to have their refunds directly deposited into their bank accounts. So far this year, 72 percent of all refunds are through direct deposit -- up from 68 percent over the same period last year.

The President's Advisory Panel on Federal Tax Reform held its third meeting in Tampa on Tuesday, with the objective of understanding how the existing tax system affects business taxpayers. "Small business and self-employed taxpayers, in particular, are burdened by the complexity of our tax code and bear a substantial proportion of the estimated $125 billion in compliance costs," said Connie Mack, chairman of the panel. "As we will learn, it is these same small businesses that are a powerful engine driving our country -- they employ over half of all private sector employees and generate 60 to 80 percent of new jobs." Small-business owner David Hurley told the panel that the tax code places a tremendous burden on the nation's leading job creators. "If you are a big corporation with a compliance department or a tax attorney on staff to help navigate the various tax laws at the federal, state and local levels, then compliance issues aren't nearly as thorny as they are for small businesses," he said. "But if you are a small business owner, in addition to dealing with compliance requirements, you might also be taking out the garbage, ordering inventory and hiring employees."

The Supreme Court ruled in a 7-2 decision that the Tax Court may not exclude from the record on appeal Rule 183(b) reports submitted by special trial judges. The Tax Court's chief judge appoints special trial judges to hear certain cases, but the ultimate decision, when tax deficiencies are greater than $50,000, is reserved for the court itself. Tax Court Rule 183(b) directs the special trial judge to submit a report to the chief judge, who assigns the case to a judge of the court. The Tax Court judge is to give due regard to the report and presume fact-findings contained in the report to be correct. The Tax Court judge may then adopt the report "or may modify it or reject it in whole or in part." After a rule revision in 1983, the reports were no longer included in the record or made public. The taxpayers in the case before the Supreme Court had failed in Tax Court, and believed that the decision -- which said that it agreed with and adopted the opinion of the special trial judge -- did not, in fact, comport with the report of the special trial judge. The appeals court ruled against the taxpayers, holding that the report is protected as part of the court's confidential deliberative process. The Supreme Court reversed, finding that the practice of not disclosing the special trial judge's original report "impedes fully informed appellate review," and ignores the principle that the officer who hears witnesses and sifts through evidence "will have a comprehensive view of the case that cannot be conveyed full-strength by a paper record."

Facing charges of tax evasion, original "Survivor" winner Richard Hatch last week decided to take his chances with a grand jury, pulling out of a plea bargain that had been arranged with the U.S. Attorney in Rhode Island. In January, the government charged that Hatch had filed a false income tax return that omitted the more than $1 million in prize money that he received for winning the popular reality show. He also was charged with failing to report approximately $321,000 paid to him by a Boston radio station for co-hosting a program. Hatch, who lives in Newport, had agreed to plead guilty in return for a lighter sentence. Last Wednesday, however, prosecutors said that he had backed out of the plea deal, and so they dismissed the original charges and said that they would present their case to a grand jury. "The government will not pursue the information filed against Mr. Hatch in January," said Tom Connell, a spokesman for the U.S. Attorney in Rhode Island, "and will instead present the case to a grand jury for consideration of all possible charges."

The President's Advisory Panel on Federal Tax Reform holds its third meeting Tuesday, March 8 at Sago Networks, here. The witnesses invited are expected to provide the panel with perspective on corporate tax reform and how the tax system affects businesses and entrepreneurs. They include Jack Levin, senior partner in the international law firm of Kirkland & Ellis LLP; Douglas Shackelford, a CPA and professor of taxation at the University of North Carolina's Kenan-Flagler Business School; William Gentry, associate professor of Economics at Williams College; Sam Gibbons, chairman of Gibbons & Co., a former congressman and chairman of the Ways and Means Committee; Roger Harris, president and chief executive of Padgett Business Services; Todd Flemming, chief executive of Infrasafe Inc.; David Hurley, owner and principal of Landmark Engineering and Surveying Corp.; and Donald Bruce, assistant professor in the Center for Business and Economic Research and the Department of Economics at the University of Tennessee, Knoxville. Sago Networks is a technology services company that provides solutions for all of its customers' bandwidth and custom telecommunications needs.

Electronic forms provider STF Services Corp. has entered into a marketing pact with online sales and use tax concern Avalara, to license STF's flagship SuperForm product. Terms were not disclosed. Avalara's AvaTaxST --which automatically calculates and reports sales tax -- will now include a forms utility that would create automated returns. Currently, AvaTax ST has four functional components: o Customer address validation; o Tax jurisdiction research; o Sales and use tax calculation; and, o Secure reporting for tax filing and audit purposes. "STF's interactive forms technology and years of experience in dealing with the myriad taxing jurisdictions will streamline the sales tax compliance burden with Avalara's system, and help deliver value to customers," remarked STF's president, Charlie Ter Bush, in a statement.