The Tax Court dismissed a taxpayer’s petition due to a missed filing deadline and lack of any facts that would entitle him to equitable tolling of the deadline.
Individual income taxation
IRS increases special per diem rate for business travel
The special per diem rates that a taxpayer uses in travel and business expenses will be higher starting Oct. 1, as provided by the IRS.
Proposed regs. would exclude tribal general welfare benefits from income
The first proposed regulations under Sec. 139E set out the requirements for excluding Indian tribal general welfare benefits from income.
Cryptoasset ‘staking’ challenge dismissed as moot after government’s concession
Sixth Circuit affirms district court’s holding that the taxpayer’s refusal to cash a refund check did not keep the controversy alive in his case.
Taxation of influencers: Gifts with strings attached?
Individuals promoting retail brands to their online audience may need to report taxable compensation for any benefit received.
Tax Court lacks jurisdiction because notice of deficiency was invalid
The court held that the notice was not sent
to the taxpayer’s last known address.
Fact sheet addresses taxability of crowdfunding distributions
The IRS said that crowdfunding distributions may be included in the gross income of the person receiving them, depending on the facts and circumstances of the distributions.
Third Circuit rules taxpayer’s claim is not moot
The IRS’s setoffs of tax prepayments were invalid, the appellate court holds, remanding the case to the Tax Court.
Second Circuit lacks jurisdiction in small tax case
Sec. 7463(b) forecloses a review of the Tax Court’s dismissal, the appellate court holds.
Criminally forfeited IRA distribution was constructively received and taxable
The Tax Court denies an incarcerated taxpayer’s arguments to the contrary.
Foreign trust transactions and large gifts addressed in proposed regs.
The proposed regulations implement Secs. 643(i), 679, 6039F, 6048, and 6677, which were added or modified to prevent efforts by U.S. taxpayers to use foreign trusts and offshore arrangements to avoid U.S. taxes.
IRS Appeals abused its discretion by abruptly ending CDP hearing
Rejection of the taxpayer’s proposed collection alternatives was ‘hasty,’ the Tax Court finds.
Excise tax imposed on $25 million in excess IRA contributions
The Tax Court rebuffs the taxpayer’s argument that the Sec. 4973 tax is actually a penalty.
Tax Court has jurisdiction to hear taxpayers’ case
A notice of deficiency’s petition filing deadline controls despite, in an ‘obvious mistake,’ being more than a year after the notice’s mailing date.
Two home energy rebates not includible in gross income, IRS says
The IRS said it will not include the rebates provided under the Inflation Reduction Act of 2022 in individual purchasers’ gross income or in the cost basis of the property purchased.
Court’s inaccessibility extends taxpayers’ petition filing deadline
Although mailed after the 90- day deadline had expired, the petition was timely because it was filed within a 14-day extension provided under Sec. 7451(b)(1).
Foreign earned income and housing exclusion denied
Another worker at a U.S.–Australia joint defense facility fails to nullify a closing agreement waiver.
Tax Court petition is ruled untimely
When a private delivery service is used, it must be one the IRS has specifically identified to satisfy Sec. 7502, the Tax Court holds.
What kind of deduction is a hobby expense?
In a case of first impression for the Eleventh Circuit, the court affirmed a Tax Court holding that expenses of activities not engaged in for profit, i.e., hobbies, are allowable only as miscellaneous itemized deductions under Sec. 67(a).
On Form 1099-K delays, Werfel says IRS must protect taxpayer rights
IRS Commissioner Danny Werfel also discussed the employee retention credit and IRS funding when he appeared before the House Ways and Means Committee on Thursday.
Features
FROM THIS MONTH'S ISSUE
How a CPA beat burnout after strokes, depression
Randy Crabtree, CPA, suffered two strokes in four days and struggled with his mental health for years before he learned to recognize, address, and prevent chronic stress. Learn from his insights on how CPAs can avoid professional burnout.
