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IRS eases rule making injury awards non-taxable (access required)

Published: February 7, 2012

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Awards for physical injuries are no longer required to be derived from a vindication of “tort” rights in order to qualify for exclusion from a taxpayer’s gross income, according to a recent rule amendment issued by the Internal Revenue Service.

Non-compliant plan may be exempt in bankruptcy (access required)

Published: December 28, 2011

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A retirement plan that was not technically “tax qualified” under federal law may still be exempt from the taxpayer’s bankruptcy estate, the Utah Supreme Court has ruled in answering a certified question from a U.S. District Court.

Malpractice suit against law firm settled (access required)

Published: December 20, 2011

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A Noblesville, Ind. farm couple settled their legal malpractice lawsuit against the Indianapolis law firm of Krieg DeVault while the jury was deliberating in the case.

Two-year limit on ‘innocent spouse’ tax relief lifted (access required)

Published: December 19, 2011

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The Internal Revenue Service has eliminated the two-year limit on taxpayers seeking relief from a spouse’s understated or underpaid income tax liability.

Widowed taxpayer not entitled to innocent spouse relief (access required)

Published: December 9, 2011

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A taxpayer was not entitled to “innocent spouse” relief when she learned of a substantial tax liability for a joint return filed after her husband’s death, the U.S. Tax Court has ruled in upholding an assessment of $25,000 for unpaid taxes.

Death benefit from employee annuity is taxable (access required)

Published: November 28, 2011

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A taxpayer must pay federal income taxes on a death benefit received from her mother’s employee annuity plan, the U.S. Tax Court has ruled in upholding a $2,305 deficiency assessment.

Tax on income from inherited IRA couldn’t be avoided (access required)

Published: November 17, 2011

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An unreported retirement distribution related to an inherited individual retirement account is taxable, regardless of the taxpayer’s maneuver to obtain the funds through a trustee-to-trustee transaction, the U.S. Tax Court has ruled in upholding a $13,600 deficiency assessment.

Court considers jurisdictional bar in health care case (access required)

Published: November 14, 2011

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As part of a sweeping review of the nation’s federal health case law, the U.S. Supreme Court has agreed to decide whether the Anti-Injunction Act bars courts from considering constitutional challenges to the law before it goes into effect in 2014.

TAXATION (access required)

Published: November 14, 2011

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Does the Equal Protection Clause preclude a local taxing authority from refusing to refund payments made by those who have paid their assessments in full, while forgiving the obligations of identically situated taxpayers who chose to pay over a multi-year installment plan?

Armour v Indianapolis, No. 11-161. Certiorari granted
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HEALTHCARE REFORM (access required)

Published: November 14, 2011

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Does the Anti-Injunction Act bar courts from considering constitutional challenges to the federal health care law before it goes into effect?

See “Court considers jurisdictional bar in health care case

Department of Health and Human Services v. Florida, No. 11-398.Certiorari granted:  Nov. 14, 2011. Ruling below: Docket
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