Penalties Under the Code
Tax Opinions

Duffy v. Commissioner
T.C. Memo. 2020-108

On July 13, 2020, the Tax Court issued a Memorandum Opinion in the case of Duffy v. Commissioner (T.C. Memo. 2020-108). The primary issue before the court in Duffy v. Commissioner was whether, because the petitioners’ debt to the bank was nonrecourse, the discharge of indebtedness was included in the petitioners amount realized on the sale of the property and did not give rise to cancellation of indebtedness income under Treas. Reg. § 1.1001-2(a). A

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Scott St. Amand July 13, 2020
Penalties Under the Code
Tax Opinions

Minemyer v. Commissioner
T.C. Memo. 2020-99

On July 1, 2020, the Tax Court issued a Memorandum Opinion in the case of Minemyer v. Commissioner (T.C. Memo. 2020-99). The basic, threshold issue before the court in Minemyer v. Commissioner was whether petitioner is liable for a fraud penalty pursuant to IRC § 6663(a) for tax year 2001. Petitioner in Minemyer v. Commissioner is Not a Good Taxpayer One week prior to Tax Day in 2008, the Government filed a two-count indictment against

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Scott St. Amand July 1, 2020
Penalties Under the Code
Tax Opinions

Howe v. Commissioner (T.C. Memo. 2020-78)

On June 8, 2020, the Tax Court issued a Memorandum Opinion in the case of Howe v. Commissioner (T.C. Memo. 2020-78). The issues before the court in Howe were (1) whether the notice of deficiency is valid and (2) whether respondent is equitably estopped from denying the executed settlement agreement in Form 870-AD (Offer to Waive Restrictions on Assessment and Collection of Tax Deficiency and to Accept Overassessment).

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Scott St. Amand June 8, 2020
Procedural Issues
Tax Opinions

Koh v. Commissioner
T.C. Memo. 2020-77

On June 4, 2020, the Tax Court issued a Memorandum Opinion in the case of Koh v. Commissioner (T.C. Memo. 2020-77). The issue before the court in Koh v. Commissioner was whether Counsel for the IRS may make an initial determination for purposes of satisfying IRC § 6751(b)(1). Personal Note I was ready to write this case off. It is only six pages long, and so imagine how pleased I was to see an actual

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Scott St. Amand June 4, 2020
Procedural Issues
Tax Opinions

McCarthy v. Commissioner
T.C. Memo. 2020-74

On June 3, 2020, the Tax Court issued a Memorandum Opinion in the case of McCarthy v. Commissioner (T.C. Memo. 2020-74). The issues before the court in McCarthy v. Commissioner were (1) whether the petitioner is entitled to deductions for qualified residence indebtedness with respect to real properties in New York and California, and (2) whether petitioner is liable for an accuracy-related penalty under IRC § 6662. Brief Background on Residences of Petitioner in McCarthy

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Scott St. Amand June 3, 2020
Penalties Under the Code
Tax Opinions

Lemay v. Commissioner
T.C. Memo. 2020-59

On May 14, 2020, the Tax Court issued a Memorandum Opinion in the case of Lemay v. Commissioner (T.C. Memo. 2020-59). The primary issue before the court in Lemay v. Commissioner was whether petitioner is liable for a penalty under IRC § 6700 (promoting abusive tax shelters, etc.) for consistently promoting a tax avoidance scheme that everyone and their mother told him (and that he objectively knew himself) to be contrary to the law. (This

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Scott St. Amand May 14, 2020
Penalties Under the Code
Tax Opinions

Davison v. Commissioner
T.C. Memo. 2020-58

On May 14, 2020, the Tax Court issued a Memorandum Opinion in the case of Davison v. Commissioner (T.C. Memo. 2020-58). The primary issue before the court in Davison v. Commissioner was whether petitioner is liable for a penalty under IRC § 6700 (promoting abusive tax shelters, etc.) for consistently promoting a tax avoidance scheme that everyone and their mother told him (and that he objectively knew himself) to be contrary to the law. (This

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Scott St. Amand May 14, 2020
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