The Court of Federal Claims in Jenkins v. US, (Ct Fed Cl 09/15/2011) 108 AFTR 2d ¶2011-5277 has held that the majority owner, CEO, and principal financier of a publishing corporation was responsible for its nonpayment of payroll tax, and willfully failed to pay over the funds to the government. Although he didn’t exercise day-to-day control over the entity, he clearly had the capacity to do so. He also drew on company funds in an attempt

Notice 2011-72 provides that, when an employer provides an employee with a cell phone primarily for noncompensatory business reasons, the IRS will treat the employee’s use of the cell phone for reasons related to the employer’s trade or business as a working condition fringe benefit, the value of which is excludable from the employee’s income and, solely for purposes of determining whether the working condition fringe benefit provision in section 132(d) applies, the substantiation requirements that the

In Larry E. Howard v. U.S., (CA 9 8/29/2011) 108 AFTR 2d ¶ 2011-5226, the Court of Appeals for the Ninth Circuit has affirmed a district court’s conclusion that the amount received by a dentist on the sale of his wholly owned dental-practice professional service corporation that was allocated to his personal goodwill was in fact a corporate asset. As a result, the amount was recharacterized as a dividend to him from his corporation. Beliveau Law

The General Services Administration (GSA) has posted the federal domestic per diem rate table for fiscal year 2012 on its website. The rates are in effect from Oct. 1, 2011 through Sept. 30, 2012. Per diem rate information (including a FY 2012 downloadable rate file) can be accessed on the GSA website at http://www.gsa.gov/portal/category/21287. Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at the Beliveau Law Group provides legal services for estate planning

The Ninth Circuit held in M.H. v. United States of America No. 11-55712 (8/19/2011) that the Fifth Amendment privilege against self-incrimination may not be used by a taxpayer under grand jury investigation for the use of his undisclosed Swiss bank accounts. Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at the Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law

TD-9543  Reg. § 301.7502-1, contains regulations amending a Treasury Regulation to provide guidance as to the only ways to establish prima facie evidence of delivery of documents that have a filing deadline prescribed by the internal revenue laws, absent direct proof of actual delivery. The regulations provide that the proper use of registered orcertified mail, or a service of a private delivery service (PDS) designated under criteria established by the IRS, will constitute prima facie evidence of

In light of Hurricane Irene, IRS extended the due date for 2011 OVDI requests until Sept. 9, 2011. Taxpayers who have not yet submitted their request or any documents must, by the extended Sept. 9 due date, (i) submit certain identifying and other information requested in the Offshore Voluntary Disclosures Letter to the Criminal Investigation (CI) office, and (ii) send a request for a 90-day extension to submit the complete voluntary disclosure package.

IRS has issued final regs on the rules for suspending interest, penalties, additions to tax, or other additional amounts under Code Sec. 6404(g). The final regs, which generally adopt proposed regs with certain modifications, affect individual taxpayers who timely file income tax returns but are not given timely notice by IRS of their additional tax liability. TD-9545 Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at the Beliveau Law Group provides legal services

Notice 2011-70 expands the period within which individuals may request equitable relief from joint and several liability under section 6015(f) of the Internal Revenue Code. Specifically, this notice provides that the Internal Revenue Service will consider requests for equitable relief under section 6015(f) if the period of limitation on collection of taxes provided by section 6502 remains open for the tax years at issue. If the relief sought involves a refund of tax, then the period of