(U.S. 7th Cir., Bankruptcy Law, Civil Procedure, Judgment Enforcement, Property Law & Real Estate, Tax Law) An appeal by a tax debt owner in Chapter 13 proceedings, arising from the bankruptcy court’s denial of its objections to the debtor’s proposed plan to pay off the tax debt with interest within five years, is dismissed for [...]
(U.S. 2d Cir., Bankruptcy Law, Contracts, Tax Law) In creditors’ appeal from a bankruptcy court’s order upholding debtor’s objections to their claims under tax indemnification agreements, the order is vacated where: 1) the bankruptcy court’s construction of “pay” as that term was used in an agreement at issue nullified debtor’s obligation to pay the “Owner [...]
(U.S. 9th Cir., Criminal Law & Procedure, Sentencing, Tax Law, White Collar Crime) In a prosecution for conspiracy to commit tax fraud, defendant’s restitution order is affirmed in part where the district court was authorized to order restitution for a violation of Title 26 as a condition of supervised release by 18 U.S.C. section 3563(b)(2), [...]
(U.S. 1st Cir., Civil Procedure, Family Law, Probate, Trusts & Estates, Tax Law) In a tax deficiency case, the judgment of the tax court is affirmed in part and reversed in part where: 1) the tax court’s judgment that all of the Citigroup shares were the separate property of the decedent for federal estate tax [...]
(N.Y., Injury And Tort Law, Probate, Trusts & Estates, Professional Malpractice, Tax Law) In a legal malpractice action alleging that defendants negligently advised decedent to transfer, or failed to advise decedent not to transfer, an insurance policy which resulted in an increased estate tax liability, the appellate division’s affirmance of dismissal of the action is [...]
(N.Y., Administrative Law, Tax Law) In tax review proceedings against the Town of Esopus, its Assessor, and its Board of Assessment Review to challenge the taxable assessed value of petitioners’ land on the assessment rolls for the years 2002 through 2005, the appellate division’s denial of the petition is reversed where forest land certified as [...]
(U.S. Fed. Cir., Administrative Law, Corporation & Enterprise Law, Evidence, Government Law, Tax Law) In a tax refund suit involving the “Son of BOSS” tax shelter, Court of Federal Claims’ decision upholding the Notices of Final Partnership Administrative Adjustment determinations and associated penalties is affirmed where: 1) the district court properly disregarded a series of [...]
(U.S. 7th Cir., Family Law, Tax Law) Tax Court’s judgment invalidating the two-year deadline that the Treasury has imposed on claims under section 6015(f), and thus reversing the IRS’s denial of a taxpayer’s application for innocent-spouse relief, is reversed as the fact that Congress designated a deadline in two provisions of the same statute and [...]
(U.S. Fed. Cir., Administrative Law, Civil Procedure, Government Law, Tax Law) In plaintiff’s suit against the U.S. to recover its arbitrage rebate, the order of the U.S. Court of Federal Claims (CFC) dismissing the suit for lack of jurisdiction under I.R.C. section 7422(a) is affirmed as section 7422(a) prohibits a court from asserting jurisdiction to [...]
(U.S. Fed. Cir., Administrative Law, Civil Procedure, Government Law, Tax Law) In plaintiff’s suit against the U.S. to recover its arbitrage rebate, the order of the U.S. Court of Federal Claims (CFC) dismissing the suit for lack of jurisdiction under I.R.C. section 7422(a) is affirmed as section 7422(a) prohibits a court from asserting jurisdiction to [...]