Sixth Circuit reverses and remands the District Court in an unpublished opinion that also denies Proctor & Gamble’s refund claim.
Proctor & Gamble v. United States, No 08-4078 (6th Cir. Apr. 28, 2010)
Monthly Archives: April 2010
Second Circuit: Partnership Draws are Wages Subject to Levy
The Second Circuit Court of Appeals affirms the District Court holding that partnership draws are wages under Section 6331, subject to administrative levy and levy enforcement.
United States v. Moskowitz, Passman & Edelman, No. 08-3017-cv (2nd Cir. Apr. 29, 10)
10th Circuit: Warranty Income Cannot be Measured by Percentage of Completion
The Tenth Circuit reverses and remands to the District Court. The percentage of completion method of accounting cannot be used to record income from a warranty.
Koch Industries v. United States, Docket 08-3347 (10th Cir. Apr. 27, 2010)
Tax Court: Charitable Contribution of Historical Facade Easement Disallowed
The Tax Court holds that contribution of a facade easement for historical preservation purposes is not a qualified charitible contribution under Sec. 170(h).
Read the opinion here:
Kaufman v. Commissioner, 134 T.C. No. 9 (2010)
U.S. Supreme Court: Deferential Standard Owed to ERISA Administrator’s Interpretation
The United States Supreme Court reversed the Second Circuit Court of Appeals, holding that the District Court should have applied a deferential standard of review to the ERISA Plan Administrator’s interpretation of the qualified plan.
Read the opinion here:
Conkright v. Frommert, Docket 08-810 (U.S. Sup. Ct. 2010)
IRS Agent Liable for Tax & Penalties on Unreported eBay Sales
The U.S. Tax Court finds that IRS agent is liable for tax and penalties on unreported income from thousands of eBay sales.
Read the opinion here:
Orellana v. Commissioner, T.C. Summ. 2010-51
U.S. v. Bergbauer
Tax Court: Facts not Licensing Determines Personal Service Corporation Treatment
The Tax Court, Judge Dawson, holds that all relevant indicia, not state licensing requirements, is the standard for determining whether a taxpayer’s land surveying service constitutes the performance of services in the field of engineering qualifying for personal service corporation treatment under section 448.
Read the opinion here:
Kraatz & Craig Surveying Inc. v. Commissioner, 134 T.C. No. 8 (2010)