George Pappas的动态

The CRA's audit powers are expanding. Court and quasi-court processes increase costs and tax risks. Clarity and procedural protections will be helpful. The CRA has committed to constructive engagement on this issue. My thoughts are included in this article. #taxaudits #taxriskmanagement #taxdisputeresolution #fasken

An interesting tax lens on the recent US supreme court decision regarding a federal agency's "reasonable interpretation" of statutes, click the link to read the full analysis. https://okt.to/NRInyu #taxalert #nationaltax #legalupdate

With only six weeks or so to go before these dob-in provisions apply, there remains so much uncertainty about the interpretation of the various terms in the legislation as highlighted by John Jeffreys in this article. It seems that in many cases, tax and BAS agents may need to seek legal advice, at their own expense, if they intend to report another agent. Also there seems to be some uncertainty about whether whistleblower protection will be available to agents who report another agent. Hopefully many of these issues will be clarified before 1 July.

The IRS (and other gov orgs) can't go rogue on enforcement anymore. The Loper Bright decision ended decades of judicial deference to federal agencies' interpretations of ambiguous laws. This means courts must now independently interpret statutes, significantly curtailing agency discretion. ?? Why this matters for taxpayers (and QSBS) Agencies like the IRS previously used Chevron to expand their authority by: ?Stretching ambiguous tax laws. ?Issuing informal guidance without scrutiny. ?Relying on judicial deference to defend aggressive audits. Possible impact on QSBS-related audits 1?? The IRS must follow the plain language of Section 1202, limiting its interpretive flexibility. 2?? Courts should scrutinize IRS positions without simply deferring to the IRS. 3?? Taxpayers challenging audits may have stronger legal footing. This ruling should strengthen fairness and ensure agencies adhere to clear legislative boundaries, even on QSBS.

In Commissioner of Internal Revenue vs. Villanueva (2024), the Supreme Court discussed the proper method of serving notice of assessments to taxpayers. Particular emphasis was placed on Section 228 of the National Internal Revenue Code of 1997, as amended, which mandates that taxpayers must receive written notification of both the legal basis and factual grounds for assessments; failure to do so renders the assessment null and void. How, then, are these assessments communicated to taxpayers? Continue reading on our website: #ACCRALAW

#ConservationEasement: IRS Continues in Frivolity with Court ?? The IRS loses here, deservedly. ?? But it’s not enough IMO. Especially since the IRS has already tried this before in 2023, the IRS should be held accountable for frivolity in the court (can Congress get on that with something akin to IRC Sec. 6673 . . . or is there another way?). Here, plaintiff correctly argues that the IRS’s “assertion of the section 6662A reportable transaction understatement penalty is based on Notice 2017-10, which this Court ???????? ???????????????????????? ???????????????in ?????????? ???????????? ????????., ?????? ??. ????????????????????????, 159 T.C. 80 (2022), and therefore respondent ???????????? ???????????? ?????? ?????????????? 6662?? ?????????????? ?????????????? ???????????? ???? ???????? ????????.” (Emphases added/attached). But that doesn’t stop the IRS from trying again. . .even though the IRS “acknowledges that both this Court and the U.S. Circuit Court of Appeals for the Eleventh Circuit have held Notice 2017-10 invalid because the IRS was required but failed to follow the APA’s notice-and-comment rulemaking procedures when it issued Notice 2017-10.” ?? So why on earth persist, IRS? The most the IRS can offer is “that Notice 2017-10 is valid to preserve its argument for purposes of appeal.” ??Which is again a complete and utter waste.?? Why? Because as the court notes in its footnote, “Absent an agreement to the contrary, an appeal in this case would lie to the U.S. Court of Appeals for the Eleventh Circuit. See § 7482(b)(1)(E). Therefore, the Court will follow that court’s precedent.” ?? Simple translation: IRS, you are wasting everyone’s resources. ? Taxpayers: Ultimately, you pay the bill for the IRS to bring and/or persist in these baseless claims before already overburdened courts. ? #waste #taxlaw Taxplaining??? Ashlee Hall

In a recent decision, the Supreme Court declined to hear a case affecting IRS whistleblowers’ right to contest award amounts. When the whistleblower provided information before the 2006 tax law changes, it disqualified them from newer, more favorable award rules. As a result, the Tax Court lacked authority to review the reduced award. This decision serves as a reminder of how policies can shape—and sometimes limit—financial justice. Does this case highlight the need for more protective measures for whistleblowers? Only time will tell. Blog:?https://bit.ly/4fDWaqw? #TaxPolicy #IRSWhistleblower #TaxJustice #WhistleblowerRights #SupremeCourt #IRSCase #TaxUpdates #WhistleblowerProtection #TaxCourt #PolicyMatters #TaxReform #IRSRegulations #LegalNews #Sequestration #BudgetCuts #FiscalPolicy #GovernmentOversight #LegalSystem #DCCircuit #CourtRuling #TaxpayerRights #LegalProtection #TaxCompliance #IRSDecisions #FinancialPolicy #JusticeMatters #CourtCase #TaxGuidance #TaxLaw #FederalBudget

Tax Strategy: Taxpayers in litigation with the IRS are not only challenging the facts and law applicable to their particular case, but also challenging the procedures followed by the IRS in handling the case. Check this read out!

Tax Strategy: Taxpayers in litigation with the IRS are not only challenging the facts and law applicable to their particular case, but also challenging the procedures followed by the IRS in handling the case. Check this read out!

If you’re one of many people who are receiving scary looking letters from the IRS, but you want to know what the notice means without calling someone and getting a sales pitch, there is a website you can use to type in the notice number so that you know what it means and how to address it: https://lnkd.in/e3iwHXNJ If you’re still not sure what steps you should take, reach out to a trustworthy tax professional, and they can guide you through the process. If you reach out to us, you’ll get the advice without the sales pitch – because we’ve said it before and we’ll say it again: a lot of people can resolve their own tax debts without a tax professional. Of course, having a good, qualified tax professional can often be VERY helpful. #taxresolution?#irsproblemsolver?#taxhelp?#taxrelief?