Justia Tax Law Opinion Summaries

The appellant submitted a whistleblower application to the Internal Revenue Service (IRS) alleging that two taxpayers had underpaid taxes from 2004 to 2012 and requested that the IRS also consider similar conduct for 2013 through 2017 when determining any award. The IRS had already begun investigating much of the reported conduct and ultimately collected proceeds from the taxpayers. However, the IRS’s Whistleblower Office denied the claim, reasoning that the information provided was either previously known or “tainted”—meaning it was unlawfully obtained or privileged—and asserted it did not rely on this information when auditing the later years.After receiving this denial, the appellant sought review in the United States Tax Court. The appellant requested to supplement the administrative record or conduct discovery regarding the audits for 2013 through 2017, arguing that the record did not adequately show whether her information was used. The Tax Court denied these requests, citing procedural deficiencies in how discovery was sought, and granted summary judgment to the IRS, finding the administrative record sufficient to support the IRS’s determination.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the IRS’s rationale for denying the whistleblower award for tax years 2013 through 2017 was not supported by the administrative record, which was largely silent regarding those years. The court concluded that the IRS’s decision was arbitrary and capricious because it did not reasonably investigate or explain whether the whistleblower’s application contributed to the audits for those years. The court reversed the Tax Court’s decision and remanded the case for further proceedings consistent with its opinion. View "Trongone v. Cmsnr. IRS" on Justia Law

A Virginia-based partnership owned a property in the District of Columbia. In 2002, this partnership and a limited liability company (LLC), both related entities, executed a merger under Virginia law, with the LLC surviving and acquiring the property. The merger documents referenced Virginia statutes governing mergers, and the transaction resulted in the property being transferred from the partnership to the LLC. No deed was recorded at the time, and no recordation or transfer taxes were paid.In 2019, when the LLC sought to sell the property, it attempted to record a deed reflecting the 2002 transfer as a no-consideration event, claiming the transaction was a non-taxable conversion rather than a taxable merger. The Recorder of Deeds (ROD) determined the 2002 transaction was a merger, requiring payment of recordation and transfer taxes based on the property’s 2019 fair market value, since no consideration was paid. LHL, the taxpayer, paid the taxes under protest and pursued an administrative refund, which was denied. The taxpayer then challenged the decision in the Superior Court of the District of Columbia.The Superior Court granted summary judgment to the District, finding the transfer was a taxable merger, not a conversion, and upholding the calculation of taxes based on the 2019 value. The District of Columbia Court of Appeals reviewed the case de novo and affirmed the Superior Court’s judgment. The appellate court held that the 2002 transaction was a merger between two distinct entities, making the property transfer taxable, and that taxes on no- or nominal-consideration transfers are properly based on the property’s fair market value at the time of recordation. The court also upheld the trial court’s finding of excusable neglect regarding the District’s untimely filing of its answer. View "LHL Realty Company DC LLC v. District of Columbia" on Justia Law

Three individuals—two tax attorneys, who were partners in a Missouri law firm, and an insurance broker from North Carolina—created and marketed a “Gain Elimination Plan” (GEP) to clients across various states, including North Carolina. The plan purported to enable clients to reduce taxable income by paying business expenses to limited partnerships largely owned by charities. In practice, the government established that these partnerships never actually existed, no services were provided, and the deductions claimed were based on fabricated transactions. The attorneys and the broker helped clients file tax returns with false deductions, resulting in over $22 million in unpaid taxes. The insurance broker also supplied false information to obtain life insurance policies for the plan, sharing commissions with the attorneys. One of the attorneys used the plan to reduce her own reported income, and the attorneys prepared tax returns for the broker that underreported his income.A jury in the United States District Court for the Western District of North Carolina convicted all three defendants of conspiracy to defraud the government and multiple counts related to the preparation and filing of false tax returns. The district court sentenced them to imprisonment, supervised release, and restitution. The defendants appealed, challenging the prosecution’s authorization, venue, evidentiary rulings, jury instructions, and sufficiency of the evidence.The United States Court of Appeals for the Fourth Circuit affirmed the convictions and sentences. The court held that the prosecution was properly authorized under the Appointments Clause and relevant statutes, venue in the Western District of North Carolina was proper because conduct elements of the offenses occurred there, and the “literal truth” defense did not apply to false totals derived from fabricated deductions. The appellate court also found no reversible error regarding evidentiary rulings, jury instructions, or the sufficiency of the evidence supporting the conspiracy and false return charges. View "United States v. Chollet" on Justia Law

An elderly businesswoman, after being diagnosed with Alzheimer’s disease, had her great-nephew act as her agent pursuant to a power of attorney. As her condition deteriorated, the agent managed her finances and addressed two instances of financial elder abuse. In the final months of her life, following further health declines, her agent—on the advice of attorneys—created a limited partnership and transferred nearly $17 million of her assets into it. The businesswoman died within weeks of these transfers, leaving her with only about $2.15 million outside the partnership.When the executor filed the estate tax return, he reported only the value of the partnership interest—appraised at approximately $11 million—rather than the value of the assets transferred into the partnership. This resulted in a substantial reduction in the estate’s tax liability. The Internal Revenue Service audited the return, determined that the gross estate should include the full value of the transferred assets under I.R.C. § 2036(a), and assessed a 20% penalty for underpayment. The executor disputed these findings before the United States Tax Court.The United States Tax Court upheld the IRS’s deficiency notice and penalty. It found that the transfers were not made pursuant to a bona fide sale for a legitimate non-tax purpose, and that the estate had been negligent in its reporting. The executor appealed.The United States Court of Appeals for the Fifth Circuit affirmed the Tax Court’s decision. It held that the estate failed to demonstrate any substantial non-tax reason for the asset transfers, so the bona fide sale exception to § 2036(a) did not apply. The court also upheld the 20% penalty, finding no clear error in the Tax Court’s determination that the estate lacked reasonable cause and did not act in good faith. View "Fields v. CIR" on Justia Law

A nonprofit healthcare organization, which operates numerous facilities in Providence and one property in Warwick, acquired the Warwick property in 2020. The Warwick site is used primarily for administrative functions and virtual patient services. The organization treats a large number of low-income patients, but not exclusively, as some patients may have higher incomes. In 2021, the Rhode Island General Assembly enacted a statute that exempts from property tax “real and tangible personal property of [the nonprofit], a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island.” The organization applied to the Warwick tax assessor for an exemption based on this statute and an alternate general exemption for entities serving the poor. The Warwick tax assessor denied the request, concluding the statutory exemption applied only to properties in Providence.The organization appealed to the Warwick Tax Board of Review, which also denied the exemption. It then filed an appeal in the Kent County Superior Court, asserting both the specific and general exemptions applied to its Warwick property. The Superior Court granted summary judgment for the tax assessor, finding the statutes unambiguous and holding the property was not exempt because it was not located in Providence, and because the organization did not exclusively serve the poor.On appeal, the Supreme Court of Rhode Island reviewed the summary judgment de novo. The Court held that the specific statutory exemption only applies to properties owned by the nonprofit in Providence, not Warwick. Additionally, the general exemption for entities aiding the poor requires exclusive service to the poor, which the nonprofit does not meet. The Court affirmed the Superior Court’s judgment, ruling the Warwick property is not exempt from taxation under either statute. View "The Providence Community Health Centers, Inc. v. Dupuis" on Justia Law

Growmark, Inc., an agricultural cooperative, owns eleven large propane storage tanks at its New Hampton fuel terminal in Iowa. The tanks, each holding 90,000 gallons, rest unattached on concrete saddles and have been at the site since 1977. The Chickasaw County assessor included the tanks’ value—nearly $2 million—in Growmark’s property tax assessment, classifying them as taxable “improvements” to real property. Growmark argued that the tanks are equipment, not improvements, and should be nontaxable personal property under Iowa law.The Chickasaw County Board of Review affirmed the assessor’s classification and assessment, finding the tanks to be taxable improvements under Iowa Code section 427A.1(1)(c). Growmark appealed to the Iowa Property Assessment Appeal Board (PAAB), which reversed the Board of Review’s decision, concluding that the tanks were unattached equipment under section 427A.1(1)(d) and not taxable. The Board of Review then sought judicial review in the Iowa District Court for Chickasaw County, which affirmed the PAAB’s ruling, agreeing that the tanks were equipment rather than improvements.The Supreme Court of Iowa reviewed the case to determine whether the tanks should be classified as taxable improvements or nontaxable equipment under Iowa Code section 427A.1. The court held that the tanks are equipment, not improvements, because they are implements used for a specific business purpose, are not permanently affixed to the land or a structure, can be moved without damage, and their utility lies in Growmark’s operations rather than the land itself. The court declined to defer to non-rule administrative guidance and overruled prior precedent requiring tax statutes to be construed in favor of taxpayers. The court affirmed the district court’s decision, holding that the tanks are not assessable as real property. View "Chickasaw County Board of Review v. Property Assessment Appeal Board" on Justia Law

A taxpayer entered into an agreement with the Nebraska Tax Commissioner for a data center project under the Nebraska Advantage Act, which required a minimum investment in exchange for tax incentives. The taxpayer later sought to transfer the project and its associated incentives to another company. The Department of Revenue denied the transfer request, stating the project had not been transferred in its entirety as required by statute. The Department notified the taxpayer of its intent to deny the transfer, gave it an opportunity to respond, and later issued a final denial. After this denial, the Department determined the taxpayer had failed to maintain required investment levels, issued a notice of deficiency determination by first-class mail, and sought to recapture tax incentives. The taxpayer protested both the denial of the transfer and the deficiency notice, but its protest was filed after the statutory deadline.In the District Court for Lancaster County, the court dismissed the taxpayer’s petition regarding the transfer dispute, finding it was untimely and that the court lacked jurisdiction. In the deficiency dispute, the district court found the Department could provide notice of the deficiency by first-class mail without requesting a return receipt, but remanded for a hearing to resolve whether the taxpayer’s protest was timely.The Supreme Court of Nebraska addressed both appeals. It held that the Department’s denial of the transfer was a “proposed determination” under the Nebraska Advantage Act, which the taxpayer had sixty days to protest; because no timely protest was filed, the determination became final and the district court lacked jurisdiction. The court further held that statutes did not require a return receipt for notices sent by first-class mail. Because there was no factual dispute about the date of mailing, the district court erred by remanding for a hearing on timeliness. The dismissal in the transfer dispute was affirmed, and the judgment in the deficiency dispute was affirmed as modified to eliminate the remand. View "MLB Advanced Media v. Nebraska Dept. of Rev." on Justia Law

The case involves an individual who, following advice from his accountant, opened and maintained several foreign bank accounts in Switzerland and Panama between 2006 and 2012. He did not timely file the required Reports of Foreign Bank and Financial Accounts (FBARs) disclosing these accounts to the United States government. The accounts were significant in value and were sometimes held under an alias. The individual self-prepared his tax returns during this period, and while he reported domestic investment income, he did not disclose his foreign accounts. In 2014, after learning of the FBAR requirements, he entered an IRS voluntary disclosure program, filed untimely FBARs, and attempted to resolve his liabilities with the IRS through a settlement, which was ultimately not honored by the IRS.The United States initiated a civil suit in the United States District Court for the Northern District of Georgia to collect penalties for the willful failure to file timely FBARs. The individual moved for summary judgment, asserting affirmative defenses of accord and satisfaction and equitable estoppel, based on his attempted settlement with the IRS. The United States also moved for summary judgment, seeking a finding of willfulness as a matter of law. The district court granted summary judgment to the United States, finding the failure to file was willful, rejecting the affirmative defenses, and holding that the Eighth Amendment's Excessive Fines Clause did not apply to FBAR penalties.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It affirmed the district court’s rulings on willfulness and rejection of the affirmative defenses, holding that the failure to file FBARs was willful under an objective standard and that the IRS agents lacked authority to bind the government to a settlement. However, the Eleventh Circuit reversed the district court’s determination regarding the Excessive Fines Clause, holding that FBAR penalties are subject to the Eighth Amendment and remanding for factual development on whether the penalties were unconstitutionally excessive. View "USA v. Niksich" on Justia Law

Three subsidiaries of a major poultry company sought refunds for sales taxes paid on the rental of wooden shipping pallets used to deliver their food products. The pallets were rented from a supplier who retains ownership and reuses them after each delivery. The company argued that these pallets were an integral part of the products it sold, claiming that the pallet rentals should be exempt from sales tax under Arkansas’s sales-for-resale exemption, since the pallets were essential in delivering their goods to distributors and retailers.The Department of Finance and Administration denied the refund request. The company then sought review in the Washington County Circuit Court, which granted summary judgment in favor of the Department. The circuit court concluded that the pallet rentals did not qualify for the sales-for-resale exemption, determining that the pallets were merely a mechanism for delivery and not an integral part of the food products themselves.The Supreme Court of Arkansas reviewed the circuit court’s summary judgment de novo. It examined the relevant statutory provisions, including Ark. Code Ann. § 26-52-401(12), and prior case law addressing when items used in manufacturing or delivery become a recognizable integral part of the final product. Applying these standards, the Supreme Court held that the pallets are not an integral part of the chicken or other food products sold, as they do not become part of the product itself but are only used for delivery. The court affirmed the circuit court’s decision, holding that the pallet rentals are not tax-exempt sales for resale and denying the company’s refund claim. View "TYSON CHICKEN, INC. V. HUDSON" on Justia Law

The case concerns PASCP Inc., a retail liquor store, which was audited by the Minnesota Commissioner of Revenue for sales and use taxes covering January 2015 through June 2020. During the audit, PASCP failed to provide sufficient and accurate sales records, supplying only incomplete documentation for a limited period. As a result, the Commissioner conducted an indirect audit using 2019 as a representative sample year, reconstructing sales based on vendor purchase records and PASCP’s retail price list. This method revealed that PASCP had significantly underreported taxable sales. Consequently, the Commissioner extended the statute of limitations for assessment from 3½ years to 6½ years, imposed additional taxes, and applied a 10 percent negligence penalty.After the Commissioner issued a Tax Order assessing the additional tax, penalties, and interest, PASCP administratively appealed, contesting both the audit methodology and the extension of the statute of limitations. The Commissioner affirmed the Tax Order upon review, and PASCP then appealed to the Minnesota Tax Court. The Tax Court granted summary judgment for the Commissioner, finding that there were no disputed material facts. The court determined that PASCP’s failure to maintain records justified the use of indirect audit methods, supported the extension of the statute of limitations under Minn. Stat. § 289A.38, subd. 6, and warranted the imposition of the negligence penalty under Minn. Stat. § 289A.60, subd. 5.The Supreme Court of Minnesota reviewed the case. It held that the Tax Court did not err in concluding that the Commissioner properly extended the statute of limitations to 6½ years due to PASCP’s underreporting of more than 25 percent of its tax liability. The Supreme Court further held that the negligence penalty was appropriate because PASCP admitted to not keeping required records, which constitutes a failure to meet the standard of a reasonably prudent taxpayer. The Supreme Court affirmed the Tax Court’s decision. View "PASCP Inc. v. Commissioner of Revenue" on Justia Law