Correcting an Erroneous Judgment for Unpaid Taxes

Correcting An Erroneous Judgment For Unpaid Taxes

If the IRS gets a court judgment for unpaid taxes, can you challenge the judgment after it is entered? What if you can show that no tax is due? Can you fix the erroneous judgment after the fact? Can you just prepare corrected returns and file them? The court addresses this in United States v.… Continue reading Correcting an Erroneous Judgment for Unpaid Taxes

Foreign Trust Beneficiary Liable for a Double Tax Penalty?

Foreign Trust Beneficiary Liable For A Double Tax Penalty?

Can the sole owner of a foreign trust who is also its sole beneficiary be penalized twice for not filing a single Form 3520? Can the IRS choose the higher penalty for the beneficiary in this situation? In Wilson v. United States, No. 19-cv-5037 (BMC) (E.D.N.Y. 2019), the IRS argued that it could impose pick… Continue reading Foreign Trust Beneficiary Liable for a Double Tax Penalty?

Sale of Long-Term Service Contracts: Capital or Ordinary Gain?

Sale Of Long-term Service Contracts: Capital Or Ordinary Gain?

If a taxpayer sells a business that owns long-term service contracts, is the gain attributable to the contracts subject to tax at ordinary or capital gains rates? The IRS’s recent action on decision for the Greenteam Materials Recovery Facility PN v. Commissioner, T.C. Memo. 2017-122 court case deals with this in the context of a… Continue reading Sale of Long-Term Service Contracts: Capital or Ordinary Gain?

Estate Plan Triggers Liability for Unpaid Taxes

Estate Plan Triggers Liability For Unpaid Taxes

Estate planning often involves transferring business interests from one generation to the next.  But what if the parent owes unpaid taxes? Can the children be held liable for the unpaid taxes? What about the surviving spouse? What if they were not aware of the steps taken to avoid paying taxes? The recent United States v… Continue reading Estate Plan Triggers Liability for Unpaid Taxes