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Aug. 30 IRS furlough day canceled

The IRS announced that it will remain open on Aug. 30, canceling a previously scheduled furlough day. However, in making the announcement, IRS Acting Commissioner Danny Werfel said that the Service is still evaluating whether it must take a furlough day in September. In April, the IRS announced that it

IRS releases draft net investment income tax form

On Wednesday, the IRS released a draft of Form 8960, Net Investment Income Tax—Individuals, Estates, and Trusts, a new dual-purpose form that will be used by individuals and trusts and estates to compute the new 3.8% tax and then to report the tax on Forms 1040, U.S. Individual Income Tax

IRS issues final rules on exceptions from REIT or RIC built-in-gain recognition

On Thursday, the IRS issued final regulations that provide guidance on the recognition of built-in gain in certain transfers of property from a C corporation to a regulated investment company (RIC) or real estate investment trust (REIT) (T.D. 9626). The final regulations adopt proposed regulations issued in April 2012 (REG-139991-08)

2013 tax software survey: Individual product survey responses

In this year’s survey by the JofA and The Tax Adviser, more than 5,000 CPAs assessed the software they used to prepare 2012 tax returns. The survey was conducted in May 2013. Overall, respondents rated their software an average of 4.1 out of 5. Users of three products, Lacerte, ProSystem

White House announces nominee for IRS commissioner

The White House announced on Thursday that President Barack Obama will nominate John Koskinen as the new IRS commissioner. In a statement, the president said, “John is an expert at turning around institutions in need of reform.” He added, “I am confident that John will do whatever it takes to

Supreme Court strikes down Defense of Marriage Act in estate tax case

The Supreme Court, in a 5–4 decision written by Justice Anthony Kennedy, ruled that the Defense of Marriage Act (DOMA), P.L. 104-199, is unconstitutional because it violates the Fifth Amendment’s Due Process Clause by denying equal protection to same-sex couples who are lawfully married in their states (Windsor, No. 12-307

Recycling charitable dollars: IRS gives green light to more program-related investments

Private foundations lost more than 20% of their assets during the economic crisis, according to the Foundation Center (see Foundation Growth and Giving Estimates, available at tinyurl.com/2vhk93e). At the same time, the demand for charitable services—and foundation dollars to support those services—increased significantly. The combination of these dynamics prompted many

Supreme Court resolves circuit split on creditability of U.K. tax

In a unanimous decision, the U.S. Supreme Court held that the United Kingdom’s windfall profits tax imposed on newly privatized businesses was creditable against U.S. taxes under Sec. 901 (PPL Corp., No.12-43 (U.S. 5/20/13)). In doing so, the Court reversed the Third Circuit’s decision (665 F.3d 60 (3d Cir. 2011))

CPAs and the trust fund recovery penalty

CPAs and other accounting professionals should take note of a recent federal district court decision imposing joint and several liability against outside accountants for failure to pay a distressed client’s employment withholding taxes. In Erwin, No. 1:06CV59 (M.D.N.C. 2/5/13), a federal district court rendered judgment pursuant to Sec. 6672 against

Loan guarantee terminates IRA

The Tax Court held that two taxpayers’ personal guarantees of a loan to a company whose stock was owned by their individual retirement accounts (IRAs) were indirect extensions of credit to the IRAs, a prohibited transaction. Thus, the IRAs ceased to qualify as IRAs at the beginning of the tax

Applying business provisions of the American Taxpayer Relief Act

While the comprehensive corporate tax reform desired by the business community remains highly elusive, businesses did receive a number of concessions via the American Taxpayer Relief Act of 2012 (ATRA), P.L. 112-240, which was signed into law Jan. 2, 2013. The act extends through 2013 an assortment of expired or

Parent corporation’s options treated as positions held by subsidiaries

In a Field Attorney Advice (FAA) memo, the IRS Office of Chief Counsel (OCC) advised that a parent corporation’s S&P 500 options held to hedge against price fluctuations of the equity portfolio held by four related subsidiaries should be treated as positions held by the subsidiaries. Consequently, the holding period

The rules on providing client records

Suppose a CPA who prepared a client’s tax returns receives a request from the client that the CPA transfer all of the client’s tax records to a new firm. The client includes the appropriate Sec. 7216 consent to disclose authorization to transfer the records. What are the CPA’s responsibilities and

Final regs. clarify who is subject to 50% limit on meal and entertainment expenses

On Wednesday, the IRS issued final regulations clarifying which party is subject to the 50% limit on deductible meal and entertainment expenses under Sec. 274(n) (T.D. 9625). The final rules adopt proposed regulations issued in July 2012 (REG-101812-07) without substantive change.   As the IRS emphasized in the preamble to the

Comments requested on proposed net investment income tax form

On Monday, the IRS published a notice and request for comments from taxpayers on a new dual-purpose form that will be used by individuals (using Form 1040, U.S. Individual Income Tax Return) and trusts and estates (using Form 1041, U.S. Income Tax Return for Estates and Trusts) to compute the

Rules for deferral of income from gift card sales clarified

The IRS issued guidance clarifying that taxpayers that sell gift cards can defer recognizing income from the sale of gift cards redeemable by an unrelated third party until the year after the payment is received (Rev. Proc. 2013-29, clarifying and modifying Rev. Proc. 2011-18). With the rapid growth in the

Identity theft protection process at IRS needs improvements, TIGTA says

Identity theft was the number one type of consumer complaint in 2011, according to the Federal Trade Commission, and some practitioners have asked if tax-related identity theft has become an epidemic. In light of the growing problem, the Treasury Inspector General for Tax Administration (TIGTA) recently audited the IRS’s Taxpayer

July 22 IRS furlough day canceled

The IRS canceled its scheduled furlough day for Monday, July 22, acting IRS chief Danny Werfel announced on Tuesday. Instead of closing and sending IRS workers home for a day of unpaid leave, “[t]he IRS will be open for taxpayers that day as scheduled,” he said in a message to

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