The Tax Court follows the instructions of the Court of Appeals for the D.C. Circuit on the question of jurisdiction over Sec. 6662 partner level penalties in a partnership level proceeding.
Monthly Archives: December 2010
Tax Court: Piety Does Not Excuse Lack of Substantiation
Judge Holmes of the Tax Court provides historical context in a substantiation case. Pursuit of the unified life does not relieve the taxpayer of the obligation under the Internal Revenue Code to identify, segregate and substantiate expenses.
District Court: Obamacare Ruled Unconstitutional
Judge Henry E. Hudson of the Eastern District of Virginia rules that the Patient Protection and Affordable Care Act, specifically Section 1501, the Minimum Essential Coverage Provision, is unconstitutional. Under the law as passed, the Provision would be enforced through the Internal Revenue Code. The judge ruled that the provision is unconstitutional under the Commerce Clause and General Welfare Clause.
Read the opinion here:
Commonwealth of Virginia v. Sebelius, Civil Action No. 3:10CV188-HEH (E.D.Va 2010)