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Blog Post on Wells Fargo Decision

Wells Fargo Decision Answers Economic Substance Question Practitioners have debated the parameters of the economic substance doctrine for decades. A recent district court opinion in Wells Fargo & Co. v. United States, No. 09-CV-2764 (D. Minn. May 24, 2017), addressed and resolved one of the more interesting undecided questions regarding the relationship of the so-called objective

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Stu Bassin quoted by Bloomberg/BNA in article on proposed repeal of economic substance statute

Tax Shelters Side Effect of ACA Repeal Could Include Tax Shelters Snapshot  Economic substance doctrine change could make pro-tax shelter argument stronger  Tax shelter use has been on decline as IRS has gone after “abusive” transactions By Laura Davison The U.S. government would have a tougher time shutting down tax shelters if congressional Republicans successfully repeal

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Procedurally Taxing Blog Post on Summa Holdings

The Sixth Circuit’s Summa Bomb-shell February 24, 2017 We welcome back guest blogger Stu Bassin. Stu is a solo practitioner in Washington, D.C. who specializes in tax controversy work. Today he talks about Summa Holdings v Commissioner, where the Sixth Circuit disagreed with the IRS and Tax Court’s applying a substance over form analysis. The role

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Disclosure of Donald Trump’s Tax Returns

The New York Times recently published excerpts from Donald Trump’s 1995 tax returns.  Soon thereafter, Mr. Trump’s spokesmen charged that the Times violated federal law by   illegally disclosing Mr. Trump’s returns.  Invoking the First Amendment, the Times defended the publication.  Which side correctly read the tax law? The public generally believes that federal tax returns are confidential and

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“Procedurally Taxing” post on “Court of Federal Claims Authorizes Deposition of Revenue Agent and Requires Production of Service Documents in Tax Refund Suit”

We welcome back guest blogger Stu Bassin. Stu is a solo practitioner in Washington, D.C. who specializes in tax controversy work. Today he talks about a recent Court of Federal Claims case in which the Court rules on a discovery dispute that had several facets. The taxpayer in the case before the Court had not participated

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IRS’ Quinn Emanuel Retainer Is A Wrongheaded Experiment

New York (April 26, 2016, 11:24 AM ET) Should the government rely on private law firms to perform its legal work? Privatization of government litigation has occurred for years, but not without controversy.  Law360’s Expert Analysis special series explores the issue from the points of view of a former IRS counsel, a former attorney general and

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Sixth Circuit Requires IRS to Disclose Return Information of Non-Parties in Tea Party Exempt Organization Litigation

Last week, the Sixth Circuit rejected a government mandamus petition seeking to overturn a trial court discovery order requiring the Service to disclose the names of non-party organizations whose applications for tax exempt status were allegedly treated improperly because of the organization’s political views. In re United States; United States v. NorCal Tea Party Patriots, Case No.

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District Court Certifies Class Action in Tea Party Challenge to IRS

The Southern District of Ohio recently certified a class action against the Service in a lawsuit brought by taxpayers claiming that they were denied tax exempt status because of their conservative political views.  NorCal Tea Party Patriots v IRS, Case No. 1:13-cv-341 (S.D. Ohio Jan. 19, 2016). The case arose out of allegations that the Service

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BASSIN LAW FIRM FILES CLASS ACTION SEEKING RECOVERY OF MORE THAN $150 MILLION IN FEES COLLECTED BY IRS

Washington, D.C. (September 8, 2014) – Two certified public accountants (CPAs) filed a class action complaint in the United States District Court for the District of Columbia earlier today challenging Internal Revenue Service (IRS) regulations requiring tax practitioners to annually register and pay a fee to the agency to obtain and maintain a preparer tax

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