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IRS issues new guidance for green energy tax credits (access required)

Published: May 6, 2013

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The Internal Revenue Service has issued new guidelines for determining when construction has begun on a renewable energy facility in order for a taxpayer to become eligible for certain tax credits created under last year’s American Taxpayer Relief Act.

TAXATION (access required)

Published: March 25, 2013

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Does the Internal Revenue Code’s penalty for an underpayment of federal income tax that is “attributable to” an overstatement of basis in property apply to an un­derpayment resulting from an IRS determination that a transaction lacks economic substance?

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Court to decide if tax penalty applies to underpayment (access required)

Published: March 25, 2013

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The U.S. Supreme Court will decide whether the Internal Revenue Code’s penalty for an underpayment of federal income tax that is “attributable to” an overstatement of basis in property applies to an un­derpayment resulting from an IRS determination that a transaction lacks economic substance.

Taxpayer could deduct ‘family support’ payments (access required)

Published: March 15, 2013

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A divorced taxpayer could treat family support payments made while his divorce was pending as deductible alimony, the U.S. Tax Court has ruled in reversing a $7,750 deficiency assessment.

Estate can’t sue lawyer for negligent tax planning (access required)

Published: March 13, 2013

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The administrator of a client’s estate could not maintain a legal malpractice action for alleged negligent estate planning that resulted in increased tax liability, the Kansas Supreme Court has ruled in affirming judgment.

Higher tax rates on trust income mean more work for lawyers (access required)

By: Sylvia Hsieh
Published: February 28, 2013

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In the aftermath of the fiscal cliff deal, trusts now face much higher taxes on income.

Tax consequences should be weighed in divorce (access required)

Published: February 15, 2013

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The potential federal tax consequences facing a husband should have been considered in determining whether he was entitled to a modification of the alimony provisions in his divorce decree, Massachusetts’ highest court has ruled in reversing judgment.

Tax Court may weigh new evidence in ‘innocent spouse’ cases (access required)

Published: January 18, 2013

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The U.S. Tax Court could consider new evidence outside the administrative record when deciding whether a taxpayer should have been granted “innocent spouse” relief, the 9th Circuit has ruled in affirming judgment.

Tax attorney must surrender client records to IRS (access required)

Published: January 14, 2013

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An order requiring a tax attorney to surrender records to the Internal Revenue Service did not violate his client’s Fifth Amendment right against self incrimination, the 9th Circuit has ruled in affirming judgment.

New landscape for estate planning attorneys (access required)

By: Sylvia Hsieh
Published: January 10, 2013

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The new law that averted the “fiscal cliff” contains major changes for estate and gift tax rules that will affect not only the advice lawyers give to their clients, but the future landscape of estate planning law for years to come.

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