Last week the U.S. Supreme Court denied the request to hear the appeal of a case which ultimately resolves the worker classification rules for truckers in California that had been challenged since September 2019 when Assembly Bill 5 (AB 5) was enacted to codify the...
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Supreme Court
U.S. Supreme Court Grants Certiorari in a Tax Case
Taxpayers with significant FBAR non-willful penalties may breathe a sigh of financial relief if the U.S. Supreme Court decides the FBAR non-willful penalty is per form, not per account. Yesterday, the U.S. Supreme Court granted certiorari in Bittner, Alexandru v. U.S....
U.S. Supreme Court Decides in Favor of Out-of-State Trusts in Tax Case
The U.S. Supreme Court recently issued a unanimous decision in North Carolina Dept. of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, ruling that residence in a state is not a sufficient reason to tax an out-of-state trust's undistributed income. Justice...
U.S. Supreme Court Declines FATCA Case – What This Means to Individuals with Offshore Accounts
What do a U.S. Senator, the owner of an Albanian brokerage firm, an attorney who is a dual citizen of America and Israel, and a group of current and former U.S. citizen now living in Canada, Switzerland, and the Czech Republic all have in common? They have been denied...
Sales Taxes have Caught Up with the Times
In a 5-4 decision, the Supreme Court ruled today that states may now require online retailers to collect sales taxes from consumers, regardless of where the business is located or the product is delivered. In 1992, the same court ruled that a business had to have some...
Worker Classification to be Tested in California Supreme Court
In January, 2015, the California Supreme Court granted review of Dynamex Operations West, Inc. v. Superior Court (Lee) (2014) 230 Cal.App.4th 718.The issue presented is as follows:In a wage and hour class action involving claims that the plaintiffs were misclassified...
Supreme Court rules on standards for evidentiary hearings in summons enforcement proceedings
Yesterday the Supreme Court issued an opinion in which it set forth standards for obtaining an evidentiary hearing in the context of a summons enforcement proceeding. Clarke v. U.S., No. 13-301 (June 19, 2014).The threshold for the government to obtain summons...
Supreme Court won’t hear Amazon and Overstock
On Monday, December 2, the United States Supreme Court declined to hear a case that could have answered long-standing questions about a state's right to collect sales tax from internet retailers who do not have a physical presence in the state. Amazon and...
Supreme Court Upholds Valuation Misstatement Penalty for Disallowed Partnership Losses
Yesterday the Supreme Court held that the 40% gross valuation misstatement penalty under I.R.C. § 6662(h) is applicable in cases where the IRS determines that a partnership is a sham or lacks economic substance. United States v. Woods, No. 12-562 (U.S. Dec. 3,...
U.S. Supreme Court Hears Oral Argument on Foreign Tax Credit Dispute
I've recently blogged about the plethora of multi-jurisdictional tax issues which continue to increase as business becomes ever more globalized. On February 20th, the U.S. Supreme Court yesterday heard oral argument in PPL Corp. v. Commissioner. In PPL, the Court is...
