Category Archives: Tax Decisions

IRS & NYS DTF Matters — August 2014

Posted on August 4, 2014 by David L. Silverman, J.D., LL.M. (Taxation)

I.   IRS Matters – August 2014 On July 11, a second federal judge ordered the IRS to account for missing emails of former director Lois Lerner. U.S. District Court Judge Reggie Walton has demanded an affidavit from an “appropriate official” … Continue reading →

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2012 Gift & Estate Tax Decisions of Note

Posted on February 14, 2013 by David L. Silverman, J.D., LL.M. (Taxation)

View in PDF:  Tax News & Comment — February 2013 2012 Gift & Estate Tax Decisions of Note I.    Formula Clauses The Tax Court in Wandry v. Com’r, T.C. Memo 2012-88, nonacq., 2012-46 I.R.B. upheld a defined value clause containing … Continue reading →

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Tax Court Defies IRS: Expands Use of Defined Value Clauses

Posted on October 9, 2012 by David L. Silverman, J.D., LL.M. (Taxation)

View Article in Tax News & Comment — October 2012 TAX COURT DEFIES IRS: EXPANDS USE OF DEFINED VALUE CLAUSES The recent loss by the IRS in the Tax Court case Wandry v. Com’r, T.C. Memo 2012-88, added to the … Continue reading →

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From The Courts — Recent Developments, August 2011

Posted on July 27, 2011 by David L. Silverman, J.D., LL.M. (Taxation)

VIEW IN PDF:  Tax News & Comment — August 2011 The Supreme Court, in an unanimous opinion, held that a medical resident whose normal work schedule requires him to perform services 40 or more hours per week, is not a … Continue reading →

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From The IRS — Recent Developments, August, 2011

Posted on July 27, 2011 by David L. Silverman, J.D., LL.M. (Taxation)

VIEW IN PDF:  Tax News & Comment — August 2011 Approximately one million U.S. taxpayers have at least one financial account located in a foreign country. Many have not reported their offshore accounts to the IRS, a violation with possible … Continue reading →

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Recent IRS Developments

Posted on July 22, 2011 by David L. Silverman, J.D., LL.M. (Taxation)

A.      Recent IRS Developments Field audits of taxpayers with incomes exceeding $200,000 rose 34 percent in fiscal 2011 to 78,392. IRS Deputy Commissioner Steve Miller stated that “[w]e are looking more at taxpayers at these income levels because we … Continue reading →

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Northern District Finds Successive Tax Penalties Imposed by NYS-AG and NYS-DTF to be Unconstitutional

Posted on March 25, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

Finding that Tax Law § 481(1)(b)(i) effectively operates as a criminal penalty, the Northern District  held that the assessment of a tax penalty by the Department of Taxation and Finance under § 481(1)(b)(i) following the taxpayer’s previous prosecution and conviction … Continue reading →

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