On a motion for partial summary judgment, the U.S. District Court for the Southern District of Ohio rules that intercompany transactions may be excluded from gross receipts when calculating the federal research tax credit under Section 41.
Proctor & Gamble v. United States, Docket 1:08-cv-00608 (S.D. Ohio June 25, 2010)
Taxpayer’s failure to file an election to aggregate real estate activities results in passive activity disallowance of deductions.
Read the opinion here:
Shiekh v. Commissioner, T.C. Memo 2010-126
The 90 day period for filing a petition for writ of certiorari expired on June 21, 2010.
The Seventh Circuit reverses the Tax Court and holds that innocent spouse claims must be made within two years of the beginning of IRS collection activity.
Lantz v. Commissioner, No. 09-3345 (7th Cir. June 8, 2010)
For more discussion on the Lantz decision and Sec. 6015(f) please click here.
The Court of Federal Claims imposed penalties on tax shelter participants.
Alpha I, L.P. v. United States, Docket 06-407T (Fed. Cl. May 27, 2010)
Second Circuit affirms the Tax Court holding that capital contributions to an S Corp. are not “tax-exempt income.”
Nathel v. Commissioner, Docket 09-1955 (2d Cir. June 2, 2010)
U.S. Supreme Court reverses the Sixth Circuit’s holding that comity did not bar state tax challenge in federal court. Remands.
Levin v. Commerce Energy, Inc. __ U.S. __, Docket 09-223 (Slip. Op. June 1, 2010)
The Fifth Circuit vacates the district court’s ruling on assignment of tax liability pending resolution of the matter in Tax Court.
Verizon Business Network Services v. Day-Cartee, Docket 09-604070 (5th Cir. May 26, 2010).wpd
