In Estate of Kwang Lee, the United States Court of Appeals, Third Circuit, affirmed the Tax Court and upheld the Internal Revenue Service’s (IRS) denial of an estate’s offer-in-compromise (OIC) made during a collection due process (CDP) hearing. The IRS found the proffered OIC significantly...

In Estate of Robertson v. Commissioner, the Tax Court disallowed an estate tax marital deduction for the surviving spouse's interest in two residuary marital trusts because the executor's decision to forgo a Qualified Terminable Interest Property ("QTIP") election would have transferred those...

In Estate of Spencer v. Commissioner the United States Court of Appeals for the Sixth Circuit reversed the Tax Court and held the estate was entitled to a marital deduction for the surviving spouse's interest in the marital trust because the executor's Qualified Terminable Interest Property...

On October 15, 2021, the IRS issued a News Release that updated its process for the issuance of frequently asked questions (FAQs) on “new tax legislation” and addressed concerns that taxpayers and practitioners had expressed about whether FAQs could be relied upon in the context of penalty...

Since enactment of the Taxpayer First Act (TFA) in July 2019, the IRS has issued subregulatory guidance to implement the major new provisions affecting appeals, including a memorandum on taxpayer access to the appeals office and a memorandum on taxpayer access to case files prior to scheduled...

While modern medicine continues to push the boundaries of longevity, if death were ever miraculously vanquished, taxation would nevertheless survive (albeit sans estate and inheritance taxes) – leaving us with only one of the two former certainties. If Michael Keen and Joel Slemrod’s...

The IRS has announced the imposition of a new PTIN (practitioner tax identification number) user fee. The proposed regulations require tax practitioners to pay $21 (plus a vendor fee) to obtain, or renew, their PTIN. This is a marked reduction from the previous (pre-suspension) $33 fee, which...

In Matter of Kramer, the Appellate Division, First Department, affirmed Surrogate Renee Roth's decision that held QTIP remainder-men were liable for the estate tax attributable to the trust corpus because the tax apportionment clause contained in the decedent's LWT was not sufficiently detailed...

In the last five years, the D.C. Circuit has considered multiple cases regarding the scope of the Internal Revenue Service (IRS)'s power to regulate tax return preparers. In the most recent case, Montrois v. United States, the court held that the IRS has statutory authority to require tax return...

The US Court of Appeals for the Eighth Circuit has reversed the Tax Court's decision in 'Estate of Robertson v. Commissioner' and allowed the estate a marital deduction for the interest of the decedent's surviving spouse in two residuary trusts. The appellate court reasoned that the estate was...