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Searching Content indexed under Trials & Appeals & Compensation by Grant Thornton LLP ordered by Published Date Descending.
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1
Court Rejects Business Purpose In Related Partnership Installment Sale
The Fifth Circuit Court of Appeals has affirmed the Tax Court decision in Vest v. Commissioner that an individual could not deduct expenses for investigating his father's death because the activity lacked...
United States
23 Jun 2017
2
Texas Court Of Appeals Rules Costs Of Installation Not Includible In Cost Of Goods Sold Deduction
The Texas Court of Appeals, Third District recently determined that a taxpayer was not entitled to include labor costs incurred as part of repair work to install automotive parts on customer-owned vehicles...
United States
28 Apr 2017
3
Tax Court Deals IRS Another Transfer Pricing Loss
On March 23, in Amazon.com, Inc. & Subsidiaries v. Commissioner 148 T.C. No. 8 (2017) the Tax Court held that the IRS's approach to valuing an upfront cost sharing buy-in payment was arbitrary, capricious and unreasonable.
United States
20 Apr 2017
4
Appeals Court Limits Application Of Substance-Over-Form Doctrine
The Sixth Circuit reversed the Tax Court and held that the IRS could not apply the substance-over-form doctrine to recharacterize commission payments made to a domestic international sales corporation (DISC) that was owned by a Roth IRA.
United States
27 Mar 2017
5
Texas Letter Ruling Denies Capital Asset Or Investment Treatment For Goodwill And Government Permits And Licensing
On July 22, 2016, the Texas Comptroller of Public Accounts issued a letter ruling addressing the proper apportionment of gross receipts from the sale of substantially all of the assets of a company located in Texas to an entity incorporated in Delaware.
United States
20 Oct 2016
6
Appeals Division To Change Case Transfer Policy
The IRS on Aug. 24 updated the Internal Revenue Manual (IRM) to reflect changes to the way the Appeals Division functions...
United States
18 Oct 2016
7
Massachusetts Supreme Judicial Court Upholds Constitutionality Of Financial Institution Excise Tax Apportionment Rules
The Massachusetts Supreme Judicial Court has reaffirmed its decision that the state's apportionment of loan income did not violate the internal consistency test of the dormant Commerce Clause of the Constitution.
United States
10 Oct 2016
8
Maryland Comptroller Policy Restricting Carryforwards Of Exempt Federal Obligation Interest Held Unconstitutional
On August 12, 2016, the Maryland Tax Court held that the Maryland Comptroller's policy of restricting carryforwards of exempt federal obligation interest...
United States
7 Oct 2016
9
Court Holds Deposit From Terminated Sale Contract Isn't Capital Gain
The Tax Court has held in CRI-Leslie, LLC v. Commissioner (147 T.C. No. 8) that a partnership recognized ordinary income from its gain from a terminated sale contract.
United States
3 Oct 2016
10
Michigan Court Of Appeals Enforces Mandate Allowing IBM To Make Three-Factor Apportionment Election
The Michigan Court of Appeals has held that the Michigan Court of Claims erred when it failed to issue an order granting summary disposition in favor of International Business Machines Corp.
United States
31 Aug 2016
11
District Of Columbia Court Of Appeals Reverses Summary Judgment Granted To Oil Companies In ‘Chainbridge' Litigation
The DC Court of Appeals held that the Office of Administrative Hearings (OAH) abused its discretion in applying offensive non-mutual collateral estoppel against the DC Office of Tax and Revenue...
United States
26 Aug 2016
12
Texas Supreme Court Nixes Netting Investment Losses Against Other Receipts
The taxpayer, Hallmark Marketing, LLC, filed its 2008 RTFT return with a gross receipts apportionment factor denominator that excluded an overall net loss sustained by the taxpayer on the sale of capital assets and investments.
United States
21 Jun 2016
13
Texas Appeals Court Affirms Bill Pay Services For Banks Are Not Taxable Data Processing Services
Texas imposes sales tax on 17 different enumerated taxable services.2 Unless a service is one of the enumerated taxable services, the service is not taxable.
United States
21 Jun 2016
14
Rewards Program Liability Fixed Under All-Events Test
The taxpayer, Giant Eagle Inc., operates a chain of retail supermarkets, pharmacies, gas stations and convenience stores in the U.S. The taxpayer established a fuel rewards program in 1991.
United States
25 May 2016
15
Michigan Court Of Appeals Finds SBTA Did Not By Implication Repeal Compact Apportionment Election Provision
The Michigan Court of Appeals on Feb. 25 held that the Single Business Tax Act (SBTA) did not by implication repeal the apportionment election provision contained in the Multistate Tax Compact.
United States
27 Apr 2016
16
New Jersey Tax Court Holds Hospital Unable To Claim Exemption From Property Tax
The New Jersey Tax Court recently held that a nonprofit hospital was not entitled to an exemption from property tax assessed by the town of Morristown for the 2006-08 tax years.
United States
27 Apr 2016
17
Colorado Court Finds Holding Company Not Subject To Combination With Operating Affiliates
Colorado requires that a combined income tax return be filed by the includible members of an affiliated group of C corporations.
United States
19 Apr 2016
18
Federal Court Of Appeals Upholds Colorado's Sales And Use Tax Notice And Reporting Requirements
Colorado imposes a complementary sales and use tax. The sales tax is paid at the point of sale, while the "use tax is paid when property is stored, used, or consumed within Colorado but sales tax was not paid to a retailer."
United States
18 Apr 2016
19
South Carolina Supreme Court Rejects Duke Energy's $126 Million
Duke Energy generates and sells electricity in South Carolina and other states. As a result, it must apportion its income to determine the income attributable to, and taxable in, South Carolina.
United States
14 Apr 2016
20
Illinois Appellate Court Finds Hospital Property Tax Exemption Unconstitutional
The Illinois Appellate Court has held that a statutory exemption for hospital property based on the value of the charitable services the hospital provided was unconstitutional.
United States
12 Apr 2016
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