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Protective refund claim – possible tax recovery
No refund suit is allowed in the absence of a timely claim filed with IRS
U.S. v. Clintwood Elkorn Mining Co., (S Ct 4/15/2008) 101 AFTR 2d ¶ 2008696
Mike Habib, EA
myIRSTaxRelief.com
The Supreme Court, reversing the Court of Appeals for the Federal Circuit, has held that the plain language of Code Sec. 7422(a) and Code Sec. 6511 requires a taxpayer seeking a refund of a tax assessed in violation of the Export Clause of the U.S. Constitution, just as for any other unlawfully assessed tax, to file a timely administrative refund claim with IRS before bringing suit against the Government.
Truck Drivers – Trucking Company Tax Problem Resolution
IRS acquiesces to TLC Leasing – explains meals deduction limit in employee leasing setting Rev Rul 2008-23, 2008-18 IRB
TRUCKER TAX RELIEF & TRUCKER TAX PROBLEM RESOLUTION
Trucking Tax & Accounting: Back Taxes – Unfiled delinquent tax returns – IRS & State audits – Messy books / accounting
Non US Person Tax Problem Resolution
IRS Begins Focus on Foreign Athletes and Entertainers
The IRS recently launched an Issue Management Team focused
on improving U.S. income reporting and tax payment compliance by foreign athletes and entertainers who work in the United States. The initial focus is on those engaged in tennis, golf and music. These individuals and those associated with arranging their appearances in the U.S. and managing their financial affairs are typically high income individuals. Because of this, it is important to ensure proper tax reporting and payment.
NOL Net Operating Loss Carryback Ruling
Failure to follow IRS procedure prevented use of longer NOL carryback
Tualatin Valley Builders Supply, Inc. v. U.S. 101 AFTR 2d ¶ 2008688
US employers and foreign employees tax problem
IRS rules that withholding exceptions for employees in foreign country don’t apply – Chief Counsel Advice 200814010
Net operating loss carryback – REITs property tax relief
Foreclosure Prevention Act of 2008 – S
enate passes housing stimulus bill
Mike Habib, EA
myIRSTaxRelief.com
On Apr. 10, the Senate by a vote of 84 to 12 approved H.R. 3221, the “Foreclosure Prevention Act of 2008,” the Senate housing stimulus bill. Before final passage of the bill, the Senate approved an amendment offered by Senator John Ensign (R-NV) that would extend various clean energy production incentives.
State Property Tax Credits – Tax Problem Resolution
Memo explains how state property tax credits are taxed and reported – Chief Counsel Advice 200814022
Tax Exempt Status Wrongfully Revoked By The IRS
IRS wrongfully revoked DLC’s tax-exempt status
Democratic Leadership Council, Inc. v. U.S., 101 AFTR 2d ¶ 2008-661
Kickback Income Tax Problem Resolution
Kickback Income Tax Fraud – Ballard finally prevails in reversal by Eleventh Circuit
Ballard, (CA 11 4/7/2008) 101 AFTR 2d ¶ 2008-659
