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Tax and Accounting Research: Tax Updates July 2024 - November 2020
July 2024
Accounting
IRS Releases July 2024 Applicable Federal Rates: In Rev. Rul. 2024-13, the IRS issued the applicable federal rates for July 2024 for purposes of Code Sec. 1274(d), Code Sec. 1288(b), Code Sec. 382(f), Code Sec. 642(c)(5). The ruling also contains the appropriate percentages for determining the low-income housing credit described in Code Sec. 42(b)(1) and the federal rate for determining the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of Code Sec. 7520.
Corporations
Final Regs Provide Guidance on Reporting and Payment of Stock Repurchase Excise Tax: In T.D. 10002, the IRS issued final regulations that provide guidance regarding the reporting and payment of the Code Sec. 4501 excise tax on repurchases of corporate stock made after December 31, 2022. The regulations affect certain publicly traded corporations that repurchase their stock or whose stock is acquired by certain specified affiliates.
Credits
Proposed Regs Address Recapture of Interest on Excess COVID-19 Tax Credits: In REG-109032-23, the IRS issued proposed regulations providing that the IRS will assess as an underpayment of tax any overpayment interest paid under Code Sec. 6611 to a taxpayer on an erroneous refund of the employment tax credits provided under the Families First Coronavirus Response Act, the Coronavirus Aid, Relief, and Economic Security Act, and the American Rescue Plan Act of 2021 (COVID-19 credits). The proposed regulations apply to all interest amounts paid under Code Sec. 6611 on or after the date of publication in the Federal Register for any erroneous refund of the COVID-19 credits.
IRS Publishes Inflation Adjustment Factors for Clean Hydrogen Credit: In Notice 2024-45, the IRS published the inflation adjustment factors for the credit for production of clean hydrogen under Code Sec. 45V and the corresponding amounts for calendar years 2023 and 2024. The inflation adjustment factor and applicable amount are used to determine the amount of the credit allowable under Code Sec. 45V.
IRS Publishes Reference Price for Nonconventional Source Production Credit: In Notice 2024-51, the IRS published the reference price for the nonconventional source production credit under Code Sec. 45K for calendar year 2023. Code Sec. 45K(d)(2)(A) generally provides that the Treasury Department shall determine and publish the inflation adjustment factor and the reference price for the preceding calendar year for purposes of the nonconventional source production credit under Code Sec. 45K.
IRS Releases Revised Draft Form 6765, Credit for Increasing Research Activities: In IR-2024-171, the IRS announced the release of draft Form 6765, Credit for Increasing Research Activities, which is used to figure and claim the research credit under Code Sec. 41. The changes to the form include optional reporting for certain qualified small business taxpayers of Section G (previously labeled Section F) which requests the Business Component Detail, and a reduced number of business components that must be reported on Section G; the IRS also notes that revised Section G will be option for all filers for tax year 2024 (processing year 2025) to allow time to transition to the Section G format.
Deductions
IRS Reminds Taxpayers That Code Sec. 280E Still Applies to Marijuana Businesses: In IR-2024-177, the IRS stated that until a final federal rule is published, marijuana remains a Schedule I controlled substance and Code Sec. 280E, which disallows all deductions or credits for amounts incurred in carrying on a trade or business of illegally trafficking in a Schedule I or II controlled substance, still applies. The IRS noted that although the law has not changed, and Code Sec. 280E applies to businesses that sell marijuana - even if they operated legally under state law - some taxpayers are filing amended returns seeks refunds; the IRS said that these claims are not valid and that it is taking steps to address these claims.
Foreign
IRS Announces Suspension of U.S.-Russia Tax Treaty: In Announcement 2024-26, the IRS announced that the United States provided formal notice to the Russian Federation on June 17, 2024, to confirm the suspension of the operation of paragraph 4 of Article 1 and Articles 5-21 and 23 of the Convention between the United States of America and the Russian Federation for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Washington on June 17, 1992 (Convention), as well as the operation of its accompanying Protocol, by mutual agreement. The announcement states that the suspension will take effect both for taxes withheld at source and in respect of other taxes on August 16, 2024, and will continue until otherwise decided by the two governments.
Procedure
Proposed Regs Allow IRS to Directly Accept Payments by Credit Card: In REG-120137-19, the IRS issued proposed amendments to regulations regarding the payment of tax by commercially acceptable means. The proposed amendments reflect changes to the law made by the Taxpayer First Act that allow the IRS to directly accept payments of tax by credit or debit card, without having to connect taxpayers to third-party payment processors.
Certain Participants in Syndicated Conservations Easements To Receive Settlement Offers: In IR-2024-174, the IRS announced the mailing of a time-limited settlement offer for certain taxpayers who participated in Syndicated Conservation Easements and substantially similar transactions that are under audit in the IRS's Large Business & International and Small Business and Self-Employed divisions. The IRS noted that it will notify eligible taxpayers by letter with the applicable terms and timelines to respond, and taxpayers who do not receive a letter are not eligible for this resolution.
Court Dismisses Employee's Lawsuit Against Employer for Complying With IRS Levy: In Thomas v. Pilgrim Pride Corporation, 2024 PTC 227 (11th Cir. 2024), the Eleventh Circuit affirmed the dismissal of a lawsuit brought by an individual seeking damages against his employer for its compliance, through the levying of payroll funds, with an IRS lien for back taxes. The Eleventh Circuit found that under Code Sec. 6332(e), the employer was exempt from liability for honoring the levy even if the levy was in some way defective.
CFO's Whistleblower Retaliation Claim Survives Summary Judgment: In Branson v. Jackson Municipal Airport Authority, et al., 2024 PTC 231 (S.D. Miss. 2024), a district court denied summary judgment to the former employer of an individual who filed a lawsuit under Code Sec. 7623(d) claiming she was fired for insisting that members of the board fill out Forms W-9 for their per diem payments and for issuing Forms 1099 for the payments. The court denied the employer's motion after finding there was ample evidence that the individual was fired for reporting the income to the IRS, including the close proximity of time between her reporting the income and her termination.
Tax Accounting
Automatic Consent Procedure Provided for Allowance Charge-off Method: In Rev. Proc. 2024-30, the IRS modified Rev. Proc. 2024-23 to provide procedures under Code Sec. 446 and Reg. Sec. 1.446-1(e) for regulated financial companies and members of regulated financial groups to obtain automatic consent to change methods of accounting to the Allowance Charge-off Method described in Prop. Reg. Sec. 1.166-2, issued in REG-121010-17. The procedure was issued in response to requests for guidance on how taxpayers may change to the Allowance Charge-off Method for tax years ending on or after December 28, 2023.
Tax Return Preparers
Taxpayers' Nondelegable Duty to File Does Not Foreclose Recourse Against Tax Preparer: In Gagliardi v. Prager Metis CPAs LLC, 2024 PTC 240 (S.D. N.Y. 2024), a district court rejected a CPA firm's motion to dismiss an action brought by taxpayers for allegedly failing to file multiple years of their tax returns, resulting in the taxpayers incurring over half a million dollars in fees and penalties. The court found that the taxpayers' nondelegable duty to the government file returns did not preclude their claim for malpractice against their accountants.
June 2024
Accounting
IRS Releases June 2024 Applicable Federal Rates: In Rev. Rul. 2024-12, the IRS issued the applicable federal rates for June 2024 for purposes of Code Sec. 1274(d), Code Sec. 1288(b), and Code Sec. 382(f). The ruling also contains the appropriate percentages for determining the low-income housing credit described in Code Sec. 42(b)(1) and the federal rate for determining the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of Code Sec. 7520.
Bankruptcy
IRS Can Pursue Unsecured Claims Based on an Alter Ego Theory: In In re Tampa Hyde Park CafProperties, LLC, 2024 PTC 200 (Bankr. M.D. Fla. 2024), a bankruptcy court rejected a Chapter 7 debtor's objection to an unsecured claim filed by the IRS for unpaid taxes owed by the debtor's alleged alter ego. The court held that the IRS is authorized to initiate civil actions against non-taxpayers to collect taxes owed by a non-taxpayer's alter ego and further held that, because the IRS's alter ego claim alleged an injury to the IRS, not the debtor, the claim was not property of the bankruptcy estate and could not have been released by the Chapter 7 trustee.
Corporations
IRS Extends Waiver of Addition to Tax for Underpayments of Corporate AMT: In Notice 2024-47, the IRS extends the relief provided in Notice 2024-33, which waived the estimated tax penalty imposed under Code Sec. 6655 (for a corporation's failure to pay estimated income tax) to the extent attributable to the revised corporate alternative minimum tax (CAMT) under Code Sec. 55, but only with respect to an installment of estimated tax due on April 15, 2024, or May 15, 2024, with respect to a tax year that began in 2024. The relief provided in Notice 2024-33 is extended to any installment of estimated tax by a corporate taxpayer with respect to a tax year that began in 2024 that is due on or before August 15, 2024, to the extent attributable to the CAMT.
Credits
IRS Provides Statistical Area Category and Coal Closure Category Updates: In Notice 2024-48, the IRS provides lists of information that taxpayers may use to determine whether they meet certain requirements under the Statistical Area Category or the Coal Closure Category as described in Sections 3.03 and 3.04 of Notice 2023-29 for purposes of qualifying for energy community bonus credit amounts or rates under Code Secs. 45, 45Y, 48, and Code Sec. 48E. The notice does not include information that pertains to the Brownfield Category as described in Section 3.02 of Notice 2023-29.
Procedures for Manufacturers to Submit Info Regarding New Clean Vehicles Updated: In Rev. Proc. 2024-26, the IRS issued a procedure that updates existing procedures and provides additional procedures for qualified manufacturers to submit information regarding new clean vehicles to ensure the vehicles satisfy the requirements of Code Sec. 30D(d) and (e) for the applicable calendar year and therefore are eligible for the clean vehicle credit under Code Sec. 30D. The procedure also updates existing procedures regarding seller report updates and recissions and modifies Section 7.03(4) of Rev. Proc. 2023-33 and Sections 5.04 and 5.06 of Rev. Proc. 2023-38.
Registration Requirements for Clean Fuel Production Credit Provided: In Notice 2024-49, the IRS provides guidance on the registration requirements for the clean fuel production credit determined under Code Sec. 45Z. A taxpayer must have a signed registration letter from the IRS dated on or before January 1, 2025, for the taxpayer to be eligible to claim the Code Sec. 45Z credit for production starting January 1, 2025.
Additional Guidance on Domestic Content Bonus Credit Amounts Issued: In Notice 2024-41, the IRS modifies the existing safe harbor provided in Notice 2023-38 on which taxpayers may rely to qualify for the domestic content bonus credit amounts under Code Secs. 45, 45Y, 48, and Code Sec. 48E for certain qualified facilities or energy projects. The notice also provides a new safe harbor that allows taxpayers to elect to use the classifications of components and cost percentages (in lieu of direct costs of the manufacturer as provided in Notice 2023-38) to determine if the adjusted percentage rule is satisfied.
IRS Provides Unallocated Solar and Wind Capacity Limitation Amount: In Announcement 2024-25, the IRS provides the total amount of unallocated environmental justice solar and wind capacity limitation for the low-income communities bonus credit program under Code Sec. 48(e) and Reg. Sec. 1.48(e)-1 that has been carried over from the 2023 program year to the 2024 program year. Additionally, the announcement sets forth the distribution of the carried over capacity limitation among the facility categories, category 1 sub-reservations, and application options for the 2024 program year.
Criminal
Court Cannot Order Immediate Restitution for Filing False Returns: In U.S. v. Lavigne, 2024 PTC 168 (E.D. Mich. 2024), a district court held that the government was not entitled to immediately enforce a restitution order in a criminal judgment against an individual for filing false income tax returns in violation of Code Sec. 7206(1), but instead must wait until the individual is released from prison and begins his term of supervised release. The court found that federal courts are authorized to order restitution as a condition of supervised release for any criminal offense, including tax crimes, but immediate restitution is not allowed because the Mandatory Victim Restitution Act does not authorize restitution as an independent part of the sentence for tax offenses.
Excise Tax Assessment Was Not Grounds for Expungement of Illegal Gambling Conviction: In U.S. v. Groppo, 2024 PTC 179 (9th Cir. 2024), a panel of the Ninth Circuit affirmed a district court's denial of an individual's motion to expunge his conviction for aiding and abetting the transmission of wagering information for his role as a "sub-bookie" in an unlawful international sports gambling enterprise. The individual argued that the IRS's assessment, in reliance on his criminal proceedings, of a potential tax liability of over $100,000 in excise tax and penalties was highly disproportionate to the amount he agreed to forfeit in his plea deal, but the panel found that a district court is powerless to expunge a valid arrest and conviction solely for equitable considerations, including alleged misconduct by the IRS.
Deductions
Judge Cannot Deduct Expenses Under Fee-Based Public Official Exception: In Banuelos v. Comm'r. T.C. Summary 2024-7, the Tax Court held that a taxpayer was not entitled to deduct unreimbursed employee business expenses related to his employment as an administrative law judge under the exception for fee basis public officials in Code Sec. 62(a)(2)(C). The court found that the taxpayer did not receive fees directly from the public in exchange for services rendered.
2025 Inflation Adjustments Issued for HSAs and Excepted-Benefit HRAs: In Rev. Proc. 2024-25, the IRS issued the 2025 inflation adjusted amounts for health savings accounts (HSAs) as determined under Code Sec. 223 and the maximum amount that may be made newly available for excepted benefit health reimbursement arrangements (HRAs) under Reg. Sec. 54.9831-1(c)(3)(viii). For calendar year 2025, (1) the annual limitation on deductions under Code Sec. 223(b)(2)(A) for an individual with self-only coverage under a high deductible health plan is $4,300; (2) the annual limitation on deductions under Code Sec. 223(b)(2)(B) for an individual with family coverage under a high deductible health plan is $8,550; (3) a "high deductible health plan" is defined under Code Sec. 223(c)(2)(A) as a health plan with an annual deductible that is not less than $1,650 for self-only coverage or $3,300 for family coverage, and for which the annual out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums) do not exceed $8,300 for self-only coverage or $16,600 for family coverage; and (4) the maximum amount that may be made newly available for the plan year for an excepted benefit HRAs is $2,150.
IRS Provides Reference Standard for Energy Efficient Commercial Building Property: In Announcement 2024-24, the IRS notifies taxpayers of the applicable Reference Standard 90.1 required under Code Sec. 179D(c)(2) as part of the definition of energy efficient commercial building property (EECBP). This announcement supplements and supersedes Announcement 2023-1 by affirming ASHRAE/IES Reference Standard 90.1-2022 as the applicable Reference Standard 90.1 for EECBP placed in service after December 31, 2028, and the construction of which did not begin by December 31, 2022.
Employee Benefits
IRS Issues Questions and Answers on Educational Assistance Programs: In FS-2024-22, the IRS provides answers to frequently asked questions (FAQs) related to educational programs under Code Sec. 127. Taxpayers may exclude up to $5,250 in educational assistance benefits from gross income if they are provided under a Code Sec. 127 educational assistance program, and amounts paid under such a program are generally deductible by the employer as a business expense under Code Sec. 162.
IRS Issues Monthly Corporate Yield Curve and Segment Rates: In Notice 2024-53, the IRS issued guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under Code Sec. 417(e)(3), and the 24-month average segment rates under Code Sec. 430(h)(2). In addition, the notice provides guidance as to the interest rate on 30-year Treasury securities under Code Sec. 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under Code Sec. 431(c)(6)(E)(ii)(I).
IRS Issues Monthly Corporate Yield Curve and Segment Rates: In Notice 2024-40, the IRS issued guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under Code Sec. 417(e)(3), and the 24-month average segment rates under Code Sec. 430(h)(2). In addition, the notice provides guidance as to the interest rate on 30-year Treasury securities under Code Sec. 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under Code Sec. 431(c)(6)(E)(ii)(I).
Foreign
Reporting Requirements for Qualified Derivative Payments Postponed to 2027: In Notice 2024-43, the IRS announces that it intends to amend the regulations under Code Secs. 59A and 6038A to defer the applicability date of certain provisions of the regulations relating to the reporting of qualified derivative payments until tax years beginning on or after January 1, 2027. Taxpayers may rely on the provisions in Notice 2024-43 before the issuance of the amendments to the final regulations.
IRS Further Extends Phase-In Period for Complying with Final Section 871(m) Regs: In Notice 2024-44, the IRS issued additional guidance for complying with the final regulations on dividend equivalents under Code Secs. 871(m), 1441, 1461, and Code Sec. 1473 in 2025, 2026, and 2027. Specifically, the guidance extends for two years the period during which the enforcement standards provided by Notice 2022-37 will apply.
Court Has No Discretion to Reduce FBAR Late Payment Penalty: In U.S. v. Reyes, 2024 PTC 173 (E.D. N.Y. 2024), a district court rejected a taxpayers' request that the court apply a lower penalty rate than the six-percent late-payment penalty rate the taxpayers owed under 31 U.S.C. Sec. 3717(e)(2) due to their failure to timely file a Report of Foreign Bank and Financial Accounts (FBAR). The court found that the late-payment penalty applies to unpaid FBAR penalties and that courts have no ability to reduce the amount of the late-payment penalty to a rate lower than the six-percent rate prescribed by the statute and regulations.
Payments to Foreign Captive Insurer Are Subject to 30 Percent Tax on FDAP Income: In CCA 202422010, the Office of Chief Counsel advised that, in an abusive micro-captive arrangement involving a foreign entity (Captive), a revenue agent may propose an adjustment to include purported interest payments made by a domestic entity (Insured) to the Captive as U.S.-source fixed, determinable, annual or periodical (FDAP) income subject to the 30-percent gross tax under Code Sec. 881. The Chief Counsel's Office added that the proposed FDAP adjustment to the Captive may be made even if a denial of the Insured's claimed deduction for the same payments has been asserted.
Innocent Spouse Relief
Husband Denied Relief Due to Involvement in Wife's Stock Options Transaction: In Strom v. Comm'r, T.C. Memo. 2024-58, the Tax Court held that a taxpayer was not entitled to innocent spouse relief under Code Sec. 6015(b) or (f) with respect to a $39 million deficiency resulting from unreported income arising from his wife's exercise of stock options. The court found that not only was the taxpayer aware of the option exercises but was involved in them; the court found that he participated alongside his wife in meetings with lawyers and tax consultants to develop tax-favorable positions and approved the reporting positions on the couple tax return with respect to the income attributable to those exercises.
Penalties
ESOP Expert Liable for Fraud Penalties for Misappropriated Pension Plan Funds: In Smiley v. Comm'r, T.C. Memo. 2024-66, the Tax Court held that an attorney, who held himself out as a leading expert on employee stock option plans (ESOPs) and who devised a method for extracting excess assets from an overfunded pension plan through a merger of the overfunded plan with another pension plan sponsored by a tax-exempt entity, was liable for a fraud penalty under Code Sec. 6663(a). The court found that the attorney failed to report millions of dollars of misappropriated pension plan funds and attempted to evade tax by hiding the income in a maze of financing arrangements, misleading documents, wire transfers among multiple bank accounts, and stock transactions lacking economic substance.
Procedure
IRS Makes Direct File Permanent and Extends It to All 50 States: In IR-2024-151, the IRS announced that it will make Direct File a permanent option for filing federal tax returns starting in the 2025 tax season. The IRS added that for the 2025 filing season, it will work with all states that want to partner with Direct File, and there will be no limit to the number of states that can participate in the coming year.
Interest Rates for Tax Overpayments and Underpayments Unchanged for Q3 2024: In Rev. Rul. 2024-11, the IRS issued the rates for interest on tax overpayments and underpayments for the third quarter of 2024. The rates determined under Code Sec. 6621 for the calendar quarter beginning July 1, 2024, are unchanged from the first quarter and will be 8 percent for overpayments (7 percent in the case of a corporation), 8 percent for underpayments, 10 percent for large corporate underpayments, and 5.5 percent on the portion of a corporate overpayment exceeding $10,000.
Tax Accounting
Retirement Community's Accounting Method for Deferred Entrance Fees Upheld: In Continuing Life Communities Thousand Oaks, LLC v. Comm'r, 2024 PTC 167 (9th Cir. 2024), the Ninth Circuit affirmed the Tax Court's grant of summary judgment in favor of a continuing care community after finding that its accounting method for deferred entrance fees satisfied the all-events test under Reg. Sec. 1.451-1(a) and therefore clearly reflected income. The Ninth Circuit agreed with the Tax Court that the taxpayer's right to receive any deferred entrance fee from a resident became fixed only once the taxpayer fulfilled its obligation to provide lifetime care to that resident and thus, the provision of lifetime care was a condition precedent, not a condition subsequent, to its right to receive any deferred entrance fee.
Tax Exempt Organizations
IRS Obsoletes Rev. Proc. 82-2 Due to Material Changes in State Laws: In Rev. Proc. 2044-22, the IRS obsoletes Rev. Proc. 82-2, which identified state laws and circumstances that the IRS previously concluded would permit an organization to satisfy Reg. Sec. 1.501(c)(3)-1(b)(4). The IRS stated that many of the state laws identified in Rev. Proc. 82-2 have materially changed, and a procedure cannot be relied upon to the extent it is predicated on state law and that state law has materially changed.
IRS Obsoletes Rev. Rul. 75-38 Due to Material Changes in State Laws: In Rev. Rul. 2024-10, the IRS obsoletes Rev. Rul. 75-38, which identified the state laws and circumstances that the IRS previously concluded would permit an organization to satisfy the private foundation governing instrument requirements of Code Sec. 508(e). The IRS stated that a number of the state laws identified in Rev. Rul. 75-38 have materially changed, and a revenue ruling cannot be relied upon to the extent it is predicated on state law and that state law has materially changed.
Tax Return Preparers
Final Regs Reduce PTIN User Fee From $21 to $11: In T.D. 9997, the IRS issued final regulations relating to the imposition of certain user fees on tax return preparers. The final regulations adopt without change the text of interim final and proposed regulations issued in T.D. 9980 and REG-106203-23 that reduced the user fee to apply for or renew a preparer tax identification number (PTIN) from $21 to $11 (plus the fee payable directly to a third-party contractor).
May 2024
Accounting
IRS Issues May 2024 Applicable Federal Rates: In Rev. Rul. 2024-9, the IRS provides various prescribed rates for federal income tax purposes for May 2024, including the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate, and the adjusted federal long-term tax-exempt rate. These rates are determined as prescribed by Code Sec. 1274.
Bankruptcy
Fourth Circuit Affirms Bankruptcy Court's Ruling That Debtor's Home Was Not Exempt: In Morgan v. Bruton, 2024 PTC 122 (4th Cir. 2024), the Fourth Circuit held that property owned as a tenancy by the entirety may not be exempted from an individual debtor's bankruptcy estate under 11 U.S.C. Sec. 522(b)(3)(B) to the extent of the debtor's tax debt to the IRS. The court found that, because a federal tax lien can attach to one spouse's interest in an entireties property, even when the tax debt is not jointly owed, the property is not "exempt from process" under federal nonbankruptcy law if the IRS has the right to obtain such a lien.
Corporations
Limited Waiver of Addition to Tax Provided for Underpayments of Corporate AMT: In Notice 2024-33, the IRS provides a limited waiver of the addition to tax under Code Sec. 6655 for underpayment of estimated income tax by a corporation to the extent the amount of any underpayment is attributable to a portion of a corporation's corporate alternative minimum tax (CAMT) liability under Code Sec. 55, as amended by the Inflation Reduction Act of 2022. The waiver applies to the installment of estimated tax that is due on or before April 15, 2024, or on or before May 15, 2024 (in the case of a fiscal year taxpayer with a tax year beginning in February 2024).
Credits
IRS Updates FAQs on Clean Vehicle Credits: In FS-2024-14, the IRS issued updated answers to frequently asked questions (FAQs) related to the new clean vehicle credit under Code Sec. 30D, the previously-owned clean vehicle credit under Code Sec. 25E, and the qualified commercial clean vehicles credit under Code Sec. 45W. Among other updates, the FAQs state that in order to claim the new clean vehicle credit, a taxpayer must include the vehicle identification number of the new clean vehicle on Form 8936, Clean Vehicle Credits, when the taxpayer files his or her income tax return.
IRS Updates FAQs on Energy Efficient Home Improvement Credits: In FS-2024-15, the IRS provided updates to frequently asked questions (FAQs) about the energy efficient home improvement credit under Code Sec. 25C and the residential energy property credit under Code Sec. 25D. The FAQs incorporate the guidance provided in Announcement 2024-19 regarding incentives, grants, or rebates provided to a taxpayer to purchase or install qualifying property and state that such incentives are generally not included in the taxpayer's gross income but reduce the amount of the expenditure on which the taxpayer calculates the tax credit.
IRS Issues Corrected Census Tracts for Alternative Fuel Refueling Property Credit: In IR-2024-107, the IRS corrected Appendix A and Appendix B of Notice 2024-20 to add additional eligible census tracts for the qualified alternative fuel vehicle refueling property credit under Code Sec. 30C. This correction reflects additional census tracts that were determined to meet the description of eligible census tracts in Notice 2024-20.
IRS Issues Nationwide Average Purchase Price for Residences: In Rev. Proc. 2024-21, the IRS provides issuers of qualified mortgage bonds, as defined in Code Sec. 143(a), and issuers of mortgage credit certificates, as defined in Code Sec. 25(c), with (1) the nationwide average purchase price for residences located in the United States, and (2) average area purchase price safe harbors for residences located in statistical areas in each state, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, the Virgin Islands, and Guam. Generally, issuers must use the nationwide average purchase price limitation contained in the procedure for commitments to provide financing or issue mortgage credit certificates that are made, or (if the purchase precedes the commitment) for residences that are purchased, in the period that begins on April 16, 2024, and ends on the date when the nationwide average purchase price limitation is rendered obsolete by a new revenue procedure.
Deductions
Taxpayers Can't Claim Theft Loss Resulting from Investor's Fraud Scheme: In Giambrone v. Comm'r, T.C. Memo. 2024-47, the Tax Court held that the owners of a troubled savings and loan institution who sold $10 million of newly issued stock in the company to an investor, giving him a controlling interest, could not claim a theft loss deduction after the investor was indicted for fraud, resulting in the company's closure and placement into receivership. The taxpayers argued that they suffered a theft by deception of their control of the company, but the court found no law that suggests that a controlling interest in a company can be considered property and was not persuaded that the transfer of the controlling interest in the company was based on deception by the investor.
Employee Benefits
IRS Issues Monthly Corporate Yield Curve and Segment Rates: In Notice 2024-34, the IRS issued guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under Code Sec. 417(e)(3), and the 24-month average segment rates under Code Sec. 430(h)(2). In addition, the notice provides guidance as to the interest rate on 30-year Treasury securities under Code Sec. 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under Code Sec. 431(c)(6)(E)(ii)(I).
Fact Sheet Provides FAQs on Tax Treatment of Work-Life Referral Services: In FS-2024-13, the IRS provides answers to frequently asked questions (FAQs) addressing the tax treatment of work-life referral services (sometimes also called caregiver or caretaker navigation services) provided by an employer to an employee. Under certain circumstances, the value of such referral services can be excluded from gross income and employment taxes as a de minimis fringe benefit.
IRS Issues SIFL Rates for First Half of 2024: In Rev. Rul. 2024-8, the IRS issued the standard industry fare level (SIFL) cents-per-mile rates and terminal charge in effect for the first half of 2024 for purposes of Reg. Sec. 1.61-21(g). The SIFL rates may be used in valuing noncommercial flights provided as an employee fringe benefit on employer-provided aircraft.
Insurance Companies
IRS Issues Asset/Liability Percentages and Domestic Investment Yields: In Rev. Proc. 2024-20, the IRS issued the domestic asset/liability percentages and domestic investment yields needed by foreign life insurance companies and foreign property and liability insurance companies to compute their minimum effectively connected net investment income under Code Sec. 842(b) for tax years beginning after Dec. 31, 2022. Rev. Proc. 2023-21 contains the information for the domestic asset/liability percentages and domestic investment yields for tax years beginning after Dec. 31, 2021.
April 2024
Accounting
IRS Releases April 2024 Applicable Federal Rates: In Rev. Rul. 2024-7, the IRS issued the applicable federal rates for April 2024 for purposes of Code Sec. 1274(d), Code Sec. 1288(b), and Code Sec. 382(f). The ruling also contains the appropriate percentages for determining the low-income housing credit described in Code Sec. 42(b)(1) and the federal rate for determining the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of Code Sec. 7520.
Credits
IRS Provides Guidance on Energy Community Bonus Credit Amounts: In Notice 2024-30, the IRS modified Notice 2023-29, which provides rules for determining what constitutes an energy community as defined in Code Sec. 45(b)(11)(B) and for determining whether a qualified facility, an energy project, or energy storage technology is located in an energy community. Notice 2024-30 expands the Nameplate Capacity Attribution Rule under Section 4.02(1)(B) of Notice 2023-29 to include additional attribution property and adds two 2017 North American Industry Classification System (NAICS) industry codes to the table in Section 3.03(2) of Notice 2023-29 for purposes of determining the Fossil Fuel Employment rate.
Criminal
Court Reconsiders Tax Evasion Sentence Enhancement: In U.S. v. Kearney, 2024 PTC 78 (D. N.M. 2024), a district court sustained an individual's objection to the application of a 2-level sentence enhancement to the individual's sentence based on its finding that some of the income, as to which he evaded taxation, was criminally derived. The court decided not to apply the enhancement after finding that money he unlawfully retained, instead of paying out to the IRS, as a result of a conspiracy with another defendant was not income from criminal activity under the sentencing guidelines.
Deductions
Tax Court Allows Conservation Easement Deduction, But Reduces Its Value: In Savannah Shoals, LLC v. Comm'r, T.C. Memo. 2024-35, the Tax Court held that the partners of a partnership that owned 103 acres of undeveloped land in Georgia containing subsurface aggregate rock were entitled to deduct the fair market value of a conservation easement over the land after finding that the partnership substantially complied with qualified appraisal requirement in Reg. Sec. 1.170A-13. However, the court found that the partnership's valuation of the property overstated its potential profitability and reduced the value of the easement from the $23 million claimed by the partnership to the IRS's valuation of $480,000.
Premium Payments to Purported Captive Insurance Companies Were Not Deductible: In Patel et al. v. Comm'r, T.C. Memo. 2024-34, the Tax Court held that amounts paid by the owners of an eye surgery center to two purported captive insurance companies in order to supplement their commercial insurance coverage were not insurance premiums for federal income tax purposes and were not deductible under Code Sec. 162. The court found that the captive arrangement involved a circular flow of funds and did not sufficiently distribute risk; in addition, the court determined that the captive companies did not operate as insurance companies in the commonly accepted sense because their planning, incorporation, and operations were managed almost entirely by a reinsurance company and they had no employees of their own that performed services.
Employee Benefits
IRS Issues Monthly Corporate Yield Curve and Segment Rates: In Notice 2024-29, the IRS issued guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under Code Sec. 417(e)(3), and the 24-month average segment rates under Code Sec. 430(h)(2). In addition, the notice provides guidance as to the interest rate on 30-year Treasury securities under Code Sec. 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under Code Sec. 431(c)(6)(E)(ii)(I).
Foreign
IRS Provides 2024 Adjustments to the Limitation on Housing Expenses under Section 911: In Notice 2024-31, the IRS provides adjustments to the limitation on housing expenses for purposes of Code Sec. 911 for specific locations for 2024. These adjustments are based on geographic differences in housing costs relative to housing costs in the United States.
Requirements Waived for Certain Individuals Making Foreign Earned Income Exclusion: In Rev. Proc. 2024-17, the IRS provides a waiver under Code Sec. 911(d)(4) for the time requirements for individuals electing to exclude their foreign earned income who must leave a foreign country because of war, civil unrest, or similar adverse conditions in that country. The procedure adds Ukraine, Belarus, Sudan, Haiti, Niger, and Iraq to the list of waiver countries for tax year 2023 for which the minimum time requirements are waived.
Penalties
Court Rejects Taxpayer's Request to Vacate Notice 2017-10 Nationwide: In 35 N. Fourth Street, Ltd. v. U.S., 2024 PTC 92 (S.D. Ohio 2024), a district court dismissed as moot a taxpayer's request for an order vacating on a nationwide basis Notice 2017-10, in which the IRS identified certain syndicated conservation easement transactions as listed transactions. The court agreed with the government that the request was moot in light of the IRS's statement in Announcement 2022-28 that it has ceased enforcing disclosure and list maintenance requirements with respect to Notice 2017-10 in the Sixth Circuit because in Mann Construction, Inc. v. U.S., 2023 PTC 306 (6th Cir. 2023), the Sixth Circuit held that a similar notice was invalid under the Administrative Procedure Act.
Procedure
Court Partly Stays Action Against Tax Prep Website for Sharing Taxpayer Info: In Kirkham, et al. v. TaxAct, Inc., 2024 PTC 79 (E.D. Pa. 2024), a district court stayed a lawsuit brought by two users of TaxAct, an online tax preparation website, alleging that the company shared their confidential personal information with Meta and Google in violation of Code Secs. 6103 and 7431(a)(2). The court found that one of the taxpayers was required to resolve his dispute with the company in arbitration because he agreed to the company's terms of service; however, the court did not stay the other taxpayer's case because his wife used the website to file the couple's joint tax return and thus he never agreed to the terms of service and therefore was not bound by the arbitration clause.
Tax-Exempt Bonds
Guidance Clarifies Requirements for Tax-Exempt Bond Financing Under Sec. 144(b): In Notice 2024-32, the IRS provides guidance regarding qualified student loan bonds under Code Sec. 144(b) to clarify certain requirements for tax-exempt bond financing for loan programs of general application approved by a state under Code Sec. 144(b)(1)(B) (State Supplemental Loan programs). Specifically, the notice addresses eligibility of borrowers of loans through State Supplemental Loan programs and the loan size limitation for State Supplemental Loans; the notice also provides guidance regarding whether an issue of state or local bonds the proceeds of which are used to finance or refinance qualified student loans or to finance qualified mortgage loans is a refunding issue.
March 2024
Accounting
IRS Releases March 2024 Applicable Federal Rates: In Rev. Rul. 2024-4, the IRS issued the applicable federal rates for March 2024 for purposes of Code Sec. 1274(d), Code Sec. 1288(b), and Code Sec. 382(f). The ruling also contains the appropriate percentages for determining the low-income housing credit described in Code Sec. 42(b)(1) and the federal rate for determining the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of Code Sec. 7520.
Criminal
Conviction and Sentence Upheld for Organizing Bogus Refund Scheme: In U.S. v. Henriquez, 2024 PTC 63 (3d Cir. 2024), the Third Circuit affirmed a district court's conviction and 159-month sentence of an individual for fraud and related crimes after applying a sophisticated means sentence enhancement in a case involving a conspiracy to unlawfully obtain the personal information of Puerto Rico residents and using it to file false income tax returns and receive fraudulent refund checks. The court found that the individual personally organized many aspects of the conspiracy and was essential to its success; in addition to recruiting and bribing mailmen to divert the refund checks, the individual also recruited and bribed "runners" to cash the checks and tellers at check-cashing agencies to look the other way and process the checks.
Excise Taxes
IRS Grants Dyed Diesel Penalty Relief as a Result of Texas Wildfires: In IR-2024-67, the IRS announced that, in response to disruptions to the supply of fuel for diesel-powered highway vehicles resulting from wildfires, the IRS will not impose a penalty when dyed diesel fuel with a sulfur content that does not exceed 15 parts-per-million is sold for use or used by diesel-powered vehicles on the highway in certain counties in Texas. This penalty relief begins on February 23, 2024, and will remain in effect through March 22, 2024.
Deductions
IRS Targets Personal Use of Corporate Jets: In IR-2024-46, the IRS announced that, using Inflation Reduction Act funding, it will begin dozens of audits on business aircraft involving personal use. The IRS stated that the audits will be focused on aircraft usage by large corporations, large partnerships, and high-income taxpayers and whether for tax purposes the use of jets is being properly allocated between business and personal reasons, which impacts eligibility for business deductions.
Employee Benefits
IRS Issues Monthly Corporate Yield Curve and Segment Rates: In Notice 2024-24, the IRS issued guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under Code Sec. 417(e)(3), and the 24-month average segment rates under Code Sec. 430(h)(2). In addition, the notice provides guidance as to the interest rate on 30-year Treasury securities under Code Sec. 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under Code Sec. 431(c)(6)(E)(ii)(I).
Foreign
Withholding Agents Are Exempt from E-Filing Requirements for 2024 Returns: In Notice 2024-26, the IRS announced that withholding agents (both U.S. and foreign persons) are administratively exempt from the requirements to electronically file Forms 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, required to be filed in calendar year 2024. Additionally, the IRS announced in the notice that withholding agents that are foreign persons are administratively exempt from the requirements to electronically file Forms 1042 required to be filed in calendar year 2025; the IRS stated that these administrative exemptions are intended to promote effective and efficient tax administration.
Gross Income
Federal Civil Service Disability Payments Constitute Gross Income: In Scott v. Comm'r, T.C. Memo. 2024-27, the Tax Court held that disability payments received by a taxpayer who was formerly a civilian employee for the United States Air Force were not excludible from gross income under Code Sec. 104(a)(4), which excludes amounts received by a taxpayer as a pension, annuity, or similar allowance for personal injuries or sickness. The court found that for the exclusion to apply, the underlying injury or sickness must be attributable to active service in the armed forces, the Coast and Geodetic Survey, or the Public Health Service.
Lead Pipe Replacement Programs Do Not Result in Income to Property Owners: In Announcement 2024-10, the IRS stated that certain lead service line replacement programs for residential property owners adopted by governmental entities to replace lead service lines at no cost to property owners do not result in income to the residential property owners under Code Sec. 61. The IRS also noted that water systems and state governments are not required to file information returns or furnish payee statements with respect to the replacement of lead service lines under these programs.
IRS Issues FAQs Related to USDA Discrimination Financial Assistance Program: In FS-2024-05, the IRS issued frequently asked questions (FAQs) related to the United States Department of Agriculture's (USDA) Discrimination Financial Assistance Program, which provides financial assistance to farmers, ranchers, and forest landowners who experienced discrimination by the USDA in farm lending prior to 2021. The IRS states in the FAQs that a payment of financial assistance received through this program is includible in gross income under Code Sec. 61 and may be subject to self-employment tax.
Procedure
Direct File Officially Opens in 12 Pilot States: In IR-2024-68, the IRS announced the full-scale launch of the Direct File pilot in 12 states and encouraged eligible taxpayers in Arizona, California, Florida, Massachusetts, Nevada, New Hampshire, New York, South Dakota, Tennessee, Texas, Washington State, and Wyoming to file their 2023 federal tax returns online for free directly with the IRS. The Direct File pilot is an option for taxpayers who fall into these categories: (1) report income earned from jobs that generate a Form W-2; (2) claim the earned income tax credit, child tax credit, and the credit for other dependents; (3) claim the standard deduction and deductions for educator expenses and student loan interest; and (4) lived in the same state for the entire calendar year 2023.
Chief Counsel's Office Advises on Form 8300 Filing Rules for Marijuana Businesses: In CCA 202409016, the Office of Chief Counsel provided advice in question-and-answer format on the filing of Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business, by trades or businesses involved in the legalized substance industry. Among other issues, the Chief Counsel's Office discussed Form 8300 filing requirements for related entities and advised that the controlling factor as to whether a Form 8300 must be filed is whether the entities have different and separate employer identification numbers.
IRS Invites Recommendations on Items for 2024-2025 Priority Guidance Plan: In Notice 2024-28, the IRS invited the public to submit recommendations for items to be included on the 2024-2025 Priority Guidance Plan, which is used to identify and prioritize the tax issues that should be addressed through regulations, revenue rulings, revenue procedures, notices, and other published administrative guidance. The IRS noted that the solicitation reflects an emphasis on taxpayer engagement through a variety of channels, consistent with the directive of the Taxpayer First Act (Pub. L. 116-25); the IRS stated that taxpayers are not required to submit recommendations for guidance in any particular format.
Tax Court Cannot Require IRS Whistleblower Office to Collect More Proceeds: In Luu v. Comm'r, 2024 PTC 65 (D.C. Cir. 2024), the D.C. Circuit ordered that the Tax Court's decision granting summary judgment for the IRS be affirmed in a case involving a challenge to the IRS Whistleblower Office's final determination regarding a whistleblower award. The D.C. Circuit held that the Tax Court did not err when it rejected the whistleblower's argument that the IRS should have collected more proceeds based on the information he provided after finding that, under Code Sec. 7623(b)(1), a whistleblower award consists of a percentage of the proceeds actually collected by the IRS and the Tax Court does not have the authority to require the IRS to take further actions to collect more proceeds.
IRS Issues Second Quarter Interest Rates for Tax Overpayments and Underpayments: In Rev. Rul. 2024-6, the IRS issued the rates for interest on tax overpayments and underpayments for the second quarter of 2024. The rates determined under Code Sec. 6621 for the calendar quarter beginning April 1, 2024, are unchanged from the first quarter and will be 8 percent for overpayments (7 percent in the case of a corporation), 8 percent for underpayments, 10 percent for large corporate underpayments, and 5.5 percent on the portion of a corporate overpayment exceeding $10,000.
Taxpayer Whose FOIA Requests Went Unanswered by IRS Wins Attorney's Fees: In Protect the Public's Trust v. IRS, 2024 PTC 46 (Dist. D.C. 2024), a district court granted a taxpayer's application for attorney's fees after finding that the taxpayer substantially prevailed in its lawsuit to compel the IRS to process the taxpayer's request under the Freedom of Information Act (FOIA) and search for documents, after which the IRS voluntarily changed its position and conducted a search, finding no responsive records. The court found that under FOIA, plaintiffs can substantially prevail without obtaining responsive records, and the court rejected the categorical bar in propounded by the IRS.
February 2024
Accounting
IRS Issues February 2024 Applicable Federal Rates: In Rev. Rul. 2024-03, the IRS provides various prescribed rates for federal income tax purposes for February 2024, including the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate, and the adjusted federal long-term tax-exempt rate. These rates are determined as prescribed by Code Sec. 1274.
Credits
IRS Grants Extension of Time to Submit Clean Vehicle Seller Reports: In Rev. Proc. 2024-12, the IRS extended the time for providing certain seller reports for sales of vehicles qualifying for the clean vehicle credit under Code Sec. 30D and the previously-owned clean vehicle credit under Code Sec. 25C. The procedure, which modifies Rev. Procs. 2022-42 and 2023-43 regarding the time and manner for submitting seller reports, extends the due date from January 15, 2024, to February 15, 2024.
IRS Launches Employer-Provided Childcare Tax Credit Homepage: In IR-2024-34, the IRS announced the launch of a new page on IRS.gov explaining the employer-provided childcare tax credit under Code Sec. 45F, which is available to eligible businesses that provide childcare services to their employees. The credit is limited to $150,000 per year to offset 25 percent of qualified child care facility expenditures and 10 percent of qualified child care resource and referral expenditures; the homepage contains information about claiming the credit, including the requirements for qualified child care expenditures and qualified child care facilities.
Reallocations of Housing Credit Dollar Amounts Are Not Restricted to Disaster Zones: In Rev. Rul. 2024-5, the IRS ruled that housing credit dollar amounts (HCDAs) allocated by housing credit agencies (agencies) to buildings located in qualified disaster zones in 2021 or 2022 under Section 305 of the Taxpayer Certainty and Disaster Relief Act of 2020 that are returned to the agencies after 2022 may be reallocated, and such reallocations are not restricted to buildings in a qualified disaster zone. The IRS found that the returned HCDAs are part of the overall returned credit component of a state's housing credit ceiling under Code Sec. 42(h)(3)(C).
Cryptocurrency
IRS Adds Digital Asset Income Question to More Tax Forms: In IR-2024-18, the IRS reminded taxpayers that they must again answer a digital asset question and report all digital asset related income when they file their 2023 federal income tax return, as they did for their 2022 federal tax returns. The IRS noted that the question of whether the taxpayer received a digital asset as payment or sold, exchanged, or otherwise disposed of a digital asset during the year, which appears on Forms 1040, 1040-SR, and 1040-NR, has been added to Forms 1041, 1065, 1120, and 1120-S.
Deductions
Alimony Deduction Denied for Payments That Terminated On Emancipation of Children: In Rojas v. Comm'r, 2024 PTC 35 (9th Cir. 2024), the Ninth Circuit affirmed the Tax Court and held that a taxpayer was not entitled to an alimony deduction for 2016 for payments to his former wife because under the divorce judgment the payments would terminate upon the emancipation of the taxpayer's children. The court rejected the taxpayer's argument that the IRS was precluded from relitigating whether a "family support" provision in the divorce judgment was "child support" under Code Section 71(c) since the family court had already determined that there was "no current child support order" in the divorce judgment; the court found that Code Sec. 71(c) does not condition the availability of an alimony deduction on the label given to maintenance support by the parties or a family court.
Educational Savings Plans
Certain Maryland Prepaid College Trust Distributions Are Excluded From Gross Income: In Notice 2024-23, the IRS provided guidance on certain distributions from or distributions transferred to the Maryland Prepaid College Trust (MPCT), a qualified tuition program within the meaning of Code Sec. 529, for taxpayers impacted by recent system issues described in the Maryland State Treasurer's Decision Memorandum dated July 10, 2023. Specifically, the notice provides that the 12-month limitation on qualified rollovers described in Code Sec. 529(c)(3)(C)(iii) will not be treated as applying to certain distributions described in Section III of the notice.
Employee Benefit Plans
Indexing Adjustments Provided for Employer Shared Responsibility Payments: In Rev. Proc. 2024-14, the IRS provided indexing adjustments for the applicable dollar amounts under Code Sec. 4980H(c)(1) and (b)(1), which are used to calculate the employer shared responsibility payments under Code Sec. 4980H(a) and (b)(1), respectively. For calendar year 2025, the adjusted $2,000 amount under Code Sec. 4980H(c)(1) is $2,900, and the adjusted $3,000 amount under Code Sec. 4980H(b)(1) is $4,350.
Final Regs Provide Guidance on Minimum Present Value Requirements for Pension Plans: In T.D. 9987, the IRS issued final regulations providing guidance applicable to certain defined benefit pension plans. The regulations provide guidance on changes made by the Pension Protection Act of 2006 to the prescribed interest rate and mortality table and other guidance, including rules regarding the treatment of preretirement mortality discounts and Social Security level income options.
Foreign
Forgery in Another Case Did Not Invalidate Taxpayer's Closing Agreement: In Aubin v. Comm'r, T.C. Memo. 2024-9, the Tax Court upheld the validity of a closing agreement signed by a taxpayer who was employed at the Pine Gap defense facility in Australia in which he waived any right to elect under Code Sec. 911(a) to exclude income he earned while working in Australia. The court rejected the taxpayer's motion to exclude the closing agreement from evidence on grounds that allegations of forgery in another case involving a Pine Gap employee called into question the reliability of the document.
Decision Not to Mitigate FBAR Penalties Was Not Arbitrary or Capricious: In Mahyari v. Comm'r, 2024 PTC 31 (D. Or. 2024), a district court entered a judgment against two taxpayers for willfully failing to file Reports Foreign Bank and Financial Accounts (FBARs) after the government recalculated the FBAR penalties to take into account a jury's determination that the taxpayers' failure to file FBARs for certain accounts was not willful. The court found no error in the IRS's decision not to mitigate the FBAR penalty amount under guidelines in the Internal Revenue Manual after finding that the taxpayers failed to cooperate with the IRS's investigation in multiple ways, including by failing to disclose all their foreign bank accounts to the IRS on multiple occasions.
Gross Income
Share Purchase Agreements Lacked Economic Substance: In Acqis Technology, Inc. v. Comm'r, T.C. Memo. 2024-21, the Tax Court held that share purchase agreements (SPAs) issued by a computer hardware developing and licensing business in connection with settlements of patent infringement litigation were disregarded because they lacked both business purpose and economic substance and were a sham. The court found that the SPAs were really a settlement payment for patent infringement damages and a licensing fee and therefore, were taxable gross receipts; the court also found that the six-year period of limitations under Code Sec. 6501(e) applied because the taxpayer omitted from gross income an amount that was properly includible in gross income and the amount was in excess of 25 percent of gross income stated in the taxpayer's return.
Information Reporting
IRS Revises and Updates Frequently Asked Questions About Form 1099-K: In FS-2024-03, the IRS updated frequently asked questions (FAQs) about Form 1099-K, Payment Card and Third Party Network Transactions. The revised FAQs note that, although under Notice 2023-74 the IRS is treating 2023 as a transition year with regard to the lower $600 threshold for third party settlement organizations (TPSOs) to report payments on Form 1099-K, and therefore Form 1099-K reporting is required only for payments exceeding $20,000 and 200 transactions, companies may still send a Form 1099-K for payments for payments below the $20,000/200 transactions threshold in effect for 2023 if, for example, the taxpayer's state has a lower reporting threshold for TPSOs.
Penalties
Tax on Excess Contributions to IRA Is Not a Penalty Requiring Supervisor Approval: In Couturier v. Comm'r, T.C. Memo. 2024-6, the Tax Court granted summary judgment for the IRS and held that the 6 percent excise tax under Code Sec. 4973 on excess contributions to an individual retirement account is not a penalty within the meaning of Code Sec. 6751 and therefore does not require written supervisory approval under Code Sec. 6751(b)(1). The court found that the plain text of Code Sec. 4973 establishes that the six percent exaction is not a penalty, given that Code Sec. 4973(a) refers to the 6 percent exaction as a tax four times and the word "penalty" appears nowhere in the statute.
Procedure
Lien on Property Placed in Trust Was Valid Because Trust Was Third-Party Nominee: In U.S. v. Hovnanian, 2024 PTC 34 (3d Cir. 2024), the Third Circuit upheld a district court's order authorizing the sale of a taxpayer's property to satisfy his outstanding federal tax obligations, even though the property was placed in a trust and the taxpayer never held title to the property. The court found that the taxpayer exercised substantial control over the property after it was transferred to the trust and therefore, under state law the trust was a third-party nominee of the taxpayer.
Court Rejects Taxpayer's Argument That His Form 1040 Wasn't A Return: In Cortez v. U.S., 2024 PTC 16 (E.D. Cal. 2024), a district court granted summary judgment for the government in a refund action brought by a taxpayer, who argued that a Form 1040 he filed six years late, which showed additional tax due over the amount determined by the IRS in a substitute return, was not a "return" and therefore the amounts he paid the IRS pursuant to it should be refunded. The court rejected the taxpayer's contention that the Form 1040 was not an honest attempt to comply with the tax laws and found that, under an objective inquiry, the Form 1040 was a return for purposes of allowing a summary assessment by the IRS under Code Sec. 6201(a).
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