Unwinding a Stock Sale using the Claim of Right Doctrine

If you sell stock for a large gain in one year, can you later go back and get credit for the tax paid in the earlier year using the claim of right doctrine? Is the claim of right doctrine a mechanism for unwinding a stock sale? The court addresses this in Heiting v. United States,…Continue readingUnwinding a Stock Sale using the Claim of Right Doctrine

Are Wages Paid to Foreign Researcher Taxable in the U.S.?

If a researcher comes to the U.S. on an Exchange Visitor J-1 Status visa and is paid wages for research, are the wages taxable income? The answer is “maybe” according to Baturin v. Commissioner, 153 T.C. 10 (2019). Facts & Procedural History The taxpayer is a Russian citizen. He earned $75,000 of wages for performing…Continue readingAre Wages Paid to Foreign Researcher Taxable in the U.S.?

IRS Says Extra Legroom for Flight is “Necessary” to Fly

If you pay an airline for premium economy seating, is the amount you pay subject to the air transportation excise tax for the airline? The answer depends on whether the seating is necessary. Given the smaller spaced allotted for each passenger, one conclude that premium seating is necessary. The IRS determined that it is in…Continue readingIRS Says Extra Legroom for Flight is “Necessary” to Fly

When An IRS Decision Maker Gets it Wrong

One thing that is different about working for the IRS is that you are tasked with making decisions. It is about making decisions and processing cases or forms. This is true for just about every taxpayer-facing job function within the IRS. IRS personnel make decisions based on their narrow job function. They do so over…Continue readingWhen An IRS Decision Maker Gets it Wrong

Limits on Amount of Restitution for Tax Crime

If you are convicted of a tax crime and ordered to pay restitution to the government, how is the amount of the restitution determined? Can the government make an estimate? What if third parties already paid the IRS? Do you get credit for these payments? The court addresses these questions in United States v. Ramseur,…Continue readingLimits on Amount of Restitution for Tax Crime

IRS Revises Passport Certification Process

Did you get a letter from the IRS about your passport? The IRS recently started sending these letters to taxpayers with unpaid tax debts. The letters have generated quite a bit of controversy, which caused the IRS to pause to reconsider how it handles this issue. Here is what you need to know about the…Continue readingIRS Revises Passport Certification Process

Qualifying for the Foreign Earned Income Exclusion

As tax attorneys in San Antonio, we see a lot of U.S. citizens whose oil-related jobs require they spend significant time overseas. The wages earned overseas can escape tax in the U.S. This is due to the foreign earned income exclusion. But this exclusion generates quite a few tax disputes with the IRS, which is…Continue readingQualifying for the Foreign Earned Income Exclusion

Liability for Prior Real Estate Owner’s Unpaid IRS Taxes

Liability for Prior Real Estate Owner’s Unpaid IRS Taxes You have to be diligent if you buy real estate from someone who owes unpaid taxes to the IRS. There are instances where the IRS can collect the prior owner’s taxes from you as the purchaser of the property. The recent Shirehampton Drive Trust v. JP…Continue readingLiability for Prior Real Estate Owner’s Unpaid IRS Taxes

List of Common IRS Notices for Individual Taxpayers

The IRS collection notices and other tax notices on this page are commonly sent to individual filers using forms 1040, 1040A, and 1040EZ to file their federal tax return. These are the most common IRS notices sent to individual taxpayers. CP 09 – Earned Income Credit You May Be Entitled To From IRS The IRS sends CP…Continue readingList of Common IRS Notices for Individual Taxpayers