Tax Court Lacks Overpayment Jurisdiction in CDP Cases When Statute of Limitations is Up
On September 11, 2018, the Tax Court in McLane v. Commissioner ruled that the Tax Court lacked overpayment jurisdiction under Internal Revenue Code (IRC) §6512(b) where Petitioner failed to raise the refund issue within the time limits provided under IRC §6511. This...
Is Jail a Possibility If You Fail to Pay Your Taxes?
It is possible for some people to have genuinely overlooked their tax deadline and not paid their taxes that year. And in the case of other individuals, they may have neglected to pay taxes over the course of two or possibly more years due to various reasons including not having the money to do so. […]
Untimely CDP Arguments Worth Consideration
The taxpayer in Berkun v. Commissioner1 ultimately raised two collection due process arguments too late for consideration on appeal, but the Eleventh Circuit apparently found them worthy enough to highlight in a published opinion. Although the Eleventh Circuit uses a popular Seinfeld reference to describe its own non-substantive ruling in Berkun as potentially appearing to […]
Coming Out of the Dark of International Tax Avoidance
The aroma of my strong Java coffee blended with the smell of the dark teak paneling of the conference room of my client’s office. I glanced at my U.S.-citizen client and then back to the two bankers who had traveled to Indonesia to promote an investment in an offshore fund. Before the meeting, I had […]
Six Things to Know When You Owe the IRS
Owing money to the Internal Revenue Service can be stressful and overwhelming. It can cause even more concern when you don’t have the money to pay. But, what many are not aware of is that they have options to pay off the debt gradually, or if they are eligible, at a substantially reduced amount. Since […]
Be Cautious When Choosing A Tax Preparer: Two Maryland Tax Preparers Guilty of Filing False Returns
The Comptroller’s Field Enforcement Division and the Criminal Investigations Division of the Maryland Attorney General’s Office, working in tandem, investigated and prosecuted two more Maryland tax preparers—resulting in guilty pleas. On July 24, 2018, Maryland Attorney General Brian E. Frosh and Comptroller Peter Franchot announced that two tax preparers operating in the Baltimore area pleaded […]