2025-09-02 Better Late Than Never R&E Procedural Relief

This week we look at: Court Frowns on Professional’s Use of Randomly Generated Social Security Numbers  Understanding the “Placed in Service” Rule for Electric Vehicle Credits Advisers Found to Owe Treble Damages to Impacted Taxpayers W-2 Wages and the Qualified Business Income Deduction Under Section 280E Trust Fund Recovery Penalties and Refund Claim Timeliness in Richter v. The United States

This week we look at: Eleventh Circuit: Gross Valuation Misstatement Penalty in a Conservation Easement Case Treasury & IRS: Preliminary Guidance on Tipped Occupations Eighth Circuit: Medtronic Transfer Pricing Dispute Remanded Again California OTA: Entertainer Found to be a California Resident Pitfalls in IRA Bankruptcy Exemptions: Farber v. Feldman

This week we look at: Federal Circuit Ruling Finds Limits on Executive Authority to Impose Tariffs Under IEEPA Introduction to OBBBA R&E Expenditure Procedures Sixth Circuit Realigns on Tax Court Jurisdiction Innocent Spouse Relief: Walsh v. Commissioner Overview Taxpayer Precluded from Challenging Liability: Sullivan v. Commissioner 60-Day IRA Rollover Waiver in a Fraud Scenario

This week we look at: Federal Complaint Seeking ERC Refunds: Superior Pediatric Care v. United States Proposed Revisions to Partnership Information Reporting for Sales or Exchanges of Interests—Form 8308 Taxation of Unsolicited Stock Transfers: Analysis of Feige v. Commissioner Third-Party Intent and the Indefinite Assessment Period: An Analysis of Murrin v. Commissioner The One, Big, Beautiful Bill Act (OBBBA): New Deductions & Energy Credit Modifications LLM Limitations in Tax Law: Beyond Memorization

This week we look at: Denham Outlines Its Criticisms of the Tax Court’s Use of the Functional Analysis Test for Limited Partners with the First Circuit Court of Appeals Disguised Sales and Sham Partnerships: A Comprehensive Review of PICCIRC, LLC v. Commissioner Judicial Examination of State Charitable Tax Credit Programs and Federal Deductibility The Second Circuit Clarifies Tax Court Filing Deadlines: Implications for Practitioners Understanding New Clean Electricity Credit Termination Rules Impact of IRS Notice 2025-42 on Wind and Solar Facilities  

This week we look at: Urgent Guidance Requested on Section 174A Domestic Research and Experimental Expenditures Post-Referral Authority in Tax Litigation—IRS Lacked Authority to Approve ERC Refund Closer This Time, But Still Not Quite There—Another Microcaptive Loss for the Taxpayers Proposed Amendments to IRC Section 132 Fringe Benefit Rules: Switching to NAICS Understanding Passthrough Losses and Bankruptcy in Field Attorney Advice 20253101F Proactive Engagement with the Office of Professional Responsibility IRS Announces Policy for the One Big Beautiful Bill Act for 2025 Payroll Issues

This week we look at: Filing Season Forecast to Start in Mid-February in the Coming Season Settlement Proceeds Found to Be Taxable and Taxpayer Stuck With Late-Filing Penalties IRS Issues Relief for Certain Issues Related to Partnership Investments and the Corporate Alternative Minimum Tax Corporate Mergers and the Same Taxpayer Rule for Interest Netting What Is an Educational Organization for Unrelated Business Income Tax (UBIT) Purposes? Another Microcaptive Arrangement Falls Under Court Challenge Taxpayer’s Claim She Didn’t Consent to the Filing of a Joint Return Didn’t Impact Denial of Innocent Spouse Relief

This week we look at: Understanding 2026 ACA Adjustments Substantiating Noncash Charitable Contributions Filing Proper Refund Claims 2026 Employer Shared Responsibility Payments (ESRP) Changes to IRS LB&I Tax Examinations

This week we look at: Conservation Easement Deductions: A Critical Review of Rock Cliff Reserve, LLC Portability Election Pitfalls: A Deep Dive into Estate of Rowland and DSUE Requirements Understanding Equitable Tolling in Tax Court: Insights from Boechler, P.C. v. Commissioner A Critical Review of Veribest Vesta, LLC v. Commissioner of Internal Revenue: Implications for Conservation Easement Valuations Understanding Withholding and Reporting for Uncashed Retirement Plan Distribution Checks: A Review of Rev. Rul. 2025-15 Fifth Circuit Affirms Tax Court’s Disallowance of Micro-Captive Insurance Deductions: An Analysis of Swift v. Commissioner

This week we look at: Recent Developments: Interpreting the Johnson Amendment in Tax-Exempt Status Litigation An Examination of Contract Formation in Tax Court Settlement: Insights from Arden Row Assets, LLC Jurisdictional Imperatives in Tax Court: A Case Study on Timeliness and Last Known Address Expanding Horizons: Potential Changes to Disaster Tax Relief Under the Filing Relief for Natural Disasters Act