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Full-Text Articles in Law
Federal Income Taxation, Andrew Todd
Federal Income Taxation, Andrew Todd
Mercer Law Review
In 2022, the United States Court of Appeals for the Eleventh Circuit issued two published opinions involving U.S. federal income tax issues. The first opinion, Sarma v. Commissioner, addressed procedural issues arising under the unified partnership audit procedures that were added to the Internal Revenue Code by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). The second opinion, Kroner v. Commissioner, addressed an issue of first impression in this circuit concerning supervisory review of tax penalties. This Article surveys both of those opinions.
Federal Income Taxation, Andrew Todd
Federal Income Taxation, Andrew Todd
Mercer Law Review
In 2021, the United States Court of Appeals for the Eleventh Circuit handed down several opinions involving U.S. federal income tax issues. Two of the court’s published opinions address federal income taxation of conservation easements. Conservation easements have been under significant scrutiny by the Internal Revenue Service (IRS), having earned a spot on the “Dirty Dozen” list of tax scams in 2019. This Article surveys the two published opinions issued in 2021 involving the U.S. federal income taxation of conservation easements.
Federal Income Taxation, Nikolai Karetnyi, Ruoxi Zhang
Federal Income Taxation, Nikolai Karetnyi, Ruoxi Zhang
Mercer Law Review
In the year 2020, the federal courts within the United States Court of Appeals for the Eleventh Circuit handed down several notable opinions on federal tax issues.1 This Article surveys two of those opinions involving the taxation of conservation easements and the receipt of settlement payments.
Federal Income Taxation, Nikolai Karetnyi, Ruoxi Zhang
Federal Income Taxation, Nikolai Karetnyi, Ruoxi Zhang
Mercer Law Review
In the year 2019, the federal courts within the Eleventh Circuit handed down several notable opinions on federal tax issues. This Article surveys two of those opinions involving the taxation of shareholder loans to S corporations and the application of gross valuation-misstatement penalty to partnerships.
More Anti-Simplification: How Pti And Gilti Override The Section 245a Exemption And The U.S. Territorial Tax System, Christine A. Davis
More Anti-Simplification: How Pti And Gilti Override The Section 245a Exemption And The U.S. Territorial Tax System, Christine A. Davis
Mercer Law Review
In December of 2017, the United States (U.S.) enacted tax reform commonly known as the “Tax Cuts and Jobs Act” (TCJA), which was initially thought to “establish[] a territorial tax system for multinational companies.” Over time, however, tax professionals began to understand that the TCJA layered a territorial tax system that exempted foreign earnings from the U.S. income tax (exemption tax system) on top of a residence-based worldwide tax system that used a foreign tax credit (FTC) to protect against juridical double taxation (worldwide tax system). Furthermore, the U.S. exemption tax system is severely limited by the worldwide tax system. …
Federal Income Taxation, Robert A. Beard, Gregory S. Lucas
Federal Income Taxation, Robert A. Beard, Gregory S. Lucas
Mercer Law Review
In 2017, the United States Court of Appeals for the Eleventh Circuit and courts within its jurisdiction decided a number of important federal taxation cases. Among these are a case that raises novel constitutional arguments under the Equal Protection Clause, a case that lodges a constitutional challenge to the United States Tax Court, and a case that addresses a matter of first impression in the circuit about the deductibility of amounts paid in the context of a divorce proceeding. These three cases are discussed herein.
Federal Income Taxation, Robert Beard, Gregory S. Lucas
Federal Income Taxation, Robert Beard, Gregory S. Lucas
Mercer Law Review
In 2016, federal courts in the United States Court of Appeals for the Eleventh Circuit handed down several notable opinions on federal tax issues. This Article surveys four of those opinions involving the collection of foreign taxes pursuant to a tax treaty, the characterization of income from the sale of real estate as capital gains, and self-employment taxes on deferred compensation.
Federal Taxation, Robert Beard, Gregory S. Lucas
Federal Taxation, Robert Beard, Gregory S. Lucas
Mercer Law Review
In the year 2015, the federal courts in the United States Court of Appeals for Eleventh Circuit's appellate jurisdiction addressed an issue of first impression involving tax credits for research expenditures, interpreted new Supreme Court precedent on the enforcement of summonses issued by the Internal Revenue Service (IRS), and applied state law doctrines of transferee liability in the context of "Midco" tax shelters. This Article surveys those decisions.
Federal Taxation, Robert Beard
Federal Taxation, Robert Beard
Mercer Law Review
The past year saw few significant tax cases decided in the United States Court of Appeals for the Eleventh Circuit.' However, the court did issue two interesting opinions: one dealing with the characterization of a real estate developer's gain as ordinary income and another dealing with a statutory interpretation question relating to the first-time homebuyer tax credit. These two cases, both reversals of the United States Tax Court, are discussed below.
Federal Taxation, Robert Beard
Federal Taxation, Robert Beard
Mercer Law Review
In 2013, several interesting federal tax cases were decided in the United States Court of Appeals for the Eleventh Circuit and in the United States Tax Court with decisions appealable to the Eleventh Circuit. These cases addressed the scope of the Internal Revenue Code (I.R.C.) § 83, the economic performance rules, and ownership of tax refunds in bankruptcy.
Federal Taxation, Robert Beard
Federal Taxation, Robert Beard
Mercer Law Review
This Article surveys notable decisions in federal taxation handed down in 2012 by the United States Court of Appeals for the Eleventh Circuit and lower courts appealable to the Eleventh Circuit. This year, the Eleventh Circuit considered questions relating to securities transactions and the statute of limitations on assessment of taxes, while the Tax Court applied the step-transaction doctrine to a capital contribution to a corporation.
Federal Taxation, Robert Beard
Federal Taxation, Robert Beard
Mercer Law Review
In the year 2011, the courts addressed interesting issues in the areas of constructive receipt, taxpayer standing to pursue non-monetary damages, and lender liability for unpaid payroll taxes. This Article surveys these decisions.
Federal Taxation, Augustus N. Makris
Federal Taxation, Augustus N. Makris
Mercer Law Review
This Article surveys certain federal tax cases decided by courts in the Eleventh Circuit in 2010. There were no significant decisions. The case of Ocmulgee Fields, Inc. v. Commissioner addressed the applicability of section 1031(f)(4) of the Internal Revenue Code (I.R.C.) to likekind exchanges. The case of United States v. Fort involved a partner who, in exchange for his interest in an acquired partnership, received shares of the acquiring corporation subject to certain restrictions. The issue was whether the restrictions permitted the partner to exclude the shares from gross income when received. The case of Southern Family Insurance Co. v. …
Federal Taxation, Dustin M. Covello, Augustus N. Makris
Federal Taxation, Dustin M. Covello, Augustus N. Makris
Mercer Law Review
This Article surveys the limited number of significant federal tax cases decided by courts in the Eleventh Circuit in 2009. In Commissioner v. Neal, the United States Court of Appeals for the Eleventh Circuit became the first circuit court of appeals to examine whether the United States Tax Court was required to conduct a trial de novo when a taxpayer appealed the Internal Revenue Service's denial of relief under I.R.C. § 6015. In Nero Trading, LLC v. United States, the Eleventh Circuit addressed the nature of the hearing a district court must provide to a taxpayer who challenges …
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov, Mark S. Davis
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov, Mark S. Davis
Mercer Law Review
The courts in the Eleventh Circuit heard a number of relatively prominent tax related cases in 2007. In United States v. Mount Sinai Medical Center of Florida, Inc., the Eleventh Circuit held that medical residents are potentially eligible for the student exemption from social security taxes, with their eligibility being determined on a case-by-case basis. In Estate of Jelke v. Commissioner, the Eleventh Circuit vacated the United States Tax Court's valuation methodology in computing, for estate tax purposes, the net asset value of a holding company in which the decedent held a minority interest. The Eleventh Circuit held …
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkow, Mark S. Davis
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkow, Mark S. Davis
Mercer Law Review
While the legal holdings of the tax cases decided in the Eleventh Circuit in 2006 do not appear remarkable at first blush, the cases present somewhat conflicting considerations of equity that make them noteworthy. The Eleventh Circuit held in Ellinger v. United States that a taxpayer, who owned half of the stock in three S corporations, could not rely on language in a closing agreement between the Internal Revenue Service (the "Service") and one of the corporations to determine his tax liability with respect to transactions between the first corporation and the other two corporations. Reversing a district court decision, …
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov, T. Wesley Brinkley
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov, T. Wesley Brinkley
Mercer Law Review
The courts in the Eleventh Circuit were involved in a number of relatively prominent tax related cases in 2005. Two cases that were previously highlighted in this publication were overturned on appeal. The United States Supreme Court reversed and remanded the Eleventh Circuit in the tax procedure case of Ballard v. Commissioner. In addition, the Eleventh Circuit reversed the United States District Court for the Southern District of Florida in American Bankers Insurance Group, Inc. v. United States, holding that the federal telecommunications excise tax did not apply to telecommunications services for which the charge varied by time, but not …
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov
Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov
Mercer Law Review
In 2004 the Eleventh Circuit Court of Appeals published three tax decisions of note. In the first of those decisions, the Eleventh Circuit held that taxes that are untimely assessed, yet properly owed and duly paid, are not refundable. In the second, a criminal tax evasion case, the Eleventh Circuit held that enhancing a criminal sentence due to obstruction of justice for making false statements to conceal a fraudulent tax return was not "double counting" under federal sentencing guidelines. Finally, in a brief opinion, the Eleventh Circuit held that "toters" used to transport manufactured homes did not qualify as "tractors" …
Federal Taxation, Donald R. Bly, Michael H. Plowgian
Federal Taxation, Donald R. Bly, Michael H. Plowgian
Mercer Law Review
In 2003 the United States Court of Appeals for the Eleventh Circuit published few tax decisions of any importance. In the Circuit's highest profile tax case of 2003, the court vacated a lower court decision that had held section 527(j) of the Internal Revenue Code unconstitutional. In other procedural cases, the court held that Rule 183 of the Tax Court Rules of Practice and Procedure did not raise due process concerns, and, in a case of first impression, ruled that in determining the total revenue lost in cases concerning fraudulent corporate and personal returns, the losses from unreported corporate income …
Federal Taxation, Suellen M. Wolfe, Jennifer N. Moore
Federal Taxation, Suellen M. Wolfe, Jennifer N. Moore
Mercer Law Review
The Eleventh Circuit Court of Appeals examined prominent and controversial tax issues during 2000. The technically difficult concept of cancellation of indebtedness income as it relates to the basis of a Subchapter S shareholder's interest was examined just prior to the United States Supreme Court's interpretation of this tax concept. The Supreme Court agreed with the interpretation of Internal Revenue Code ("I.R.C.") section 1366 espoused by the Eleventh Circuit. The Eleventh Circuit also examined an issue that the Supreme Court may soon consider when the circuit court followed the lead of an early 2000 Tax Court case examining the tax …
Federal Taxation, Kimberly S. Piar, Donald P. Hensel, M. Todd Prewett, Donald R. Bly
Federal Taxation, Kimberly S. Piar, Donald P. Hensel, M. Todd Prewett, Donald R. Bly
Mercer Law Review
In 1999 the Eleventh Circuit Court of Appeals decided several substantive tax cases as well as a number of procedural cases. The substantive tax issues addressed by the court included the definition of "control" under Internal Revenue Code Section 1504(a); whether S corporation shareholders can increase basis in their stock by the amount of guaranteed loans; the allocation of the purchase price of real property among depreciable and nondepreciable assets; employment tax issues; and worthless debt deductions under Internal Revenue Code Section 166. As to procedural issues, the court decided cases relating to remittances made in connection with Form 4868, …
Federal Taxation, Ben E. Muraskin, James A. Lawton, Tiffani W. Greene
Federal Taxation, Ben E. Muraskin, James A. Lawton, Tiffani W. Greene
Mercer Law Review
The Court of Appeals for the Eleventh Circuit during 1997 rendered fewer reported decisions dealing with federal tax issues than in prior years. Nevertheless, in one of the biggest developments in cooperative taxation, the Eleventh Circuit decided Gold Kist Inc. v. Commissioner, which involved the interpretation of the tax benefit rule as set forth in the 1983 Supreme Court decisions in Hillsboro National Bank v. Commissioner and United States v. Bliss Dairy, Inc. Other decisions involved the qualification of corporations as "farm-related taxpayers," employment taxes, federal tax liens, issues on appeal, litigation costs, and a bankruptcy tax issue.
Federal Taxation, Ben E. Muraskin, James A. Lawton, Tiffani W. Greene
Federal Taxation, Ben E. Muraskin, James A. Lawton, Tiffani W. Greene
Mercer Law Review
No abstract provided.
Gambling With The Irs: The Enforcement Of Retroactive Tax Statutes In United States V. Carlton, Stewart Haskins
Gambling With The Irs: The Enforcement Of Retroactive Tax Statutes In United States V. Carlton, Stewart Haskins
Mercer Law Review
In United States v. Carlton, the Supreme Court rejected a Due Process challenge to the retroactive elimination of an estate tax deduction. In 1986, Congress revised the Internal Revenue Code to allow a deduction under 26 U.S.C. § 2057 for half the proceeds of a sale of employer securities by the executor of an estate to an employee stock ownership plan (ESOP). Jerry W. Carlton was the executor of Willametta K. Day's estate. In December 1986, Carlton used estate funds to purchase MCI stock valued at $11,206,000. Two days later, Carlton sold the stock to the MCI ESOP for …
Federal Taxation, Timothy J. Peaden, Ben E. Muraskin, James A. Lawton
Federal Taxation, Timothy J. Peaden, Ben E. Muraskin, James A. Lawton
Mercer Law Review
During 1995, as in past years, the Eleventh Circuit considered several procedural issues. The procedural issues decided in 1995 involved refund claims, tax liens, and litigation fees. As to substantive tax issues, the court affirmed the taxpayer-favorable Tax Court decision in Estate of Hubert v. Commissioner. The estate tax issue involved, however, is a controversial one, and the Sixth and Federal Circuit Courts of Appeals have previously reached a contrary conclusion.
No Exclusion For Adea Claims Under I.R.C. § 104(A)(2): An Analysis Of Commissioner V. Schleier, T. Mark Sandifer
No Exclusion For Adea Claims Under I.R.C. § 104(A)(2): An Analysis Of Commissioner V. Schleier, T. Mark Sandifer
Mercer Law Review
In order to resolve inconsistent conclusions between the courts of appeals as to the taxability of damages received under the Age Discrimination in Employment Act of 1967 (ADEA), the United States Supreme Court granted certiorari in Commissioner v. Schleier. After receiving damages in an ADEA settlement with United Airlines, Inc., Erich Schleier included as gross income the back pay portion of the settlement, but excluded the portion of the settlement attributed to liquidated damages on his 1986 federal income tax return. The Tax Commissioner issued a deficiency notice, claiming Schleier should have included the liquidated damages as gross income. …
Federal Taxation, Timothy J. Peaden
Federal Taxation, Timothy J. Peaden
Mercer Law Review
Procedural issues once again dominated the federal tax cases decided by the Eleventh Circuit. During 1994, the court considered cases involving the assessment procedure, jurisdiction issues, transferee liability, priority of liens, and other procedural issues.
Federal Taxation, Steven C. Evans
Federal Taxation, Steven C. Evans
Mercer Law Review
Nineteen ninety-two was not a banner year for substantive federal income tax decisions for the Eleventh Circuit. Although the Eleventh Circuit decided several procedural tax cases, several cases under the Employment Retirement Income Security Act of 1974 ("ERISA"), and several criminal tax cases, the Eleventh Circuit decided only one substantive tax case. This Article reviews the substantive tax case, the procedural tax cases, and the ERISA cases decided by the Eleventh Circuit in 1992.
Federal Taxation, Steven C. Evans
Federal Taxation, Steven C. Evans
Mercer Law Review
The federal tax cases decided by the Eleventh Circuit during 1991 reversed one trend and continued another trend of 1990. The Eleventh Circuit decided a number of procedural tax cases during 1991. This trend is similar to the number of procedural cases decided in years prior to 1990, but is substantially more than the number of procedural cases decided by the Eleventh Circuit in 1990. Cases decided under the Employment Retirement Income Security Act of 1974 ("ERISA"), as amended, continued to constitute the majority of the substantive tax cases decided by the Eleventh Circuit during 1991.
Federal Taxation, Steven C. Evans
Federal Taxation, Steven C. Evans
Mercer Law Review
The federal tax cases decided by the Eleventh Circuit during 1990 were surprising in several respects. First, the number of procedural tax cases decided by the Eleventh Circuit was surprisingly low when compared to the number of procedural cases decided in previous years. Second, and more importantly, cases decided under the Employment Retirement Income Security Act of 1974 ("ERISA") constituted the vast majority of substantive tax cases decided by the Eleventh Circuit.during 1990. This trend is evidence of the increasing amount of litigation under ERISA and the importance of ERISA to the tax practitioner.