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  • Article

    Tax Court In Brief | Valentine V. Commissioner | Taxability Of Military Pension And Disability Payments And Business Expense Substantiation

    Freeman Law's "The Tax Court in Brief" covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Employee Exits: Texas Non-Compete Agreements In Post-Employment Disputes

    In a recent post, I addressed the applicable framework under Texas law when employees not subject to non-compete agreements leave a job to compete with a former employer.
    United StatesEmployment and HR
    Freeman Law
    Freeman Law
  • Article

    Does A Director Of A Texas Corporation Owe Informal Fiduciary Duties To The Corporation's Shareholders? The Texas Supreme Court Speaks.

    On June 17, 2022, the Texas Supreme Court issued the monumental corporate fiduciary duty opinion: In re Estate of Poe, — S.W.3d —, 2022 WL — (Tex. June 17, 2022) [20-0178] ("Estate of Poe").
    United StatesCorporate/Commercial Law
    Freeman Law
    Freeman Law
  • Article

    DOL Again Changes Its Position On What Is An "Independent Contractor"

    Effective March 11, 2024, the Wage and Hour Division, Department of Labor will once again modify its regulatory guidance and will replace guidance that has been in place since 2021...
    United StatesEmployment and HR
    Freeman Law
    Freeman Law
  • Article

    The IRS And Abusive Trust Arrangements: Non-Grantor Trusts

    Under federal tax law, there are significant differences between grantor and non-grantor trusts. Grantor trusts are treated as disregarded entities. In layman's terms, this means that the grantor...
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Texas Legislature Adds Suits After Redetermination As Option To Challenge State Tax Assessments

    In 2021, the Texas Legislature made it easier for taxpayers to challenge tax assessments without first paying the disputed amounts of tax due.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Texas Tax Roundup | March 2022

    Huh whuh? . . . Well . . . Well, howdy! Nice, erm, um well . . . Nice to see ya'll again at or near this nebulous home home on the range of Texas taxability!
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Tax Court In Brief | Brown v Commissioner | IRS Rejection Of An Offer In Compromise

    Freeman Law's "The Tax Court in Brief" covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Is A Mandated Gift Deductible As A Charitable Contribution? A Review Of The Meaning Of "Gift" In IRC 170

    For over 15 years, I have represented tax-exempt charitable entities—mega, large, medium, small, and everything in between. Through that experience, I have seen the best of times...
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Notable Tax Takeaways From President Biden's Budget

    On March 28, 2022, President Joe Biden released his FY 2023 Budget of the U.S. Government (the "Budget").
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Tax Court In Brief | Wondries V. Comm'r | Deficiencies For Deduction Of Farm And Ranch Expenses; Hobby Or Activity Engaged In For Profit?

    He also engaged an accountant to periodically review the ranch accounting work.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Procedimiento Simplificado Ante El IRS Para Extranjeros Fuera De EUA

    Muchos ciudadanos americanos que viven en el extranjero no presentan su declaración de impuestos en Estados Unidos de América ("EUA") por diversas cuestiones.
    European UnionTax
    Freeman Law
    Freeman Law
  • Article

    U.S. And Mexico | Trademark Royalties And Tax Considerations

    Approximately 30% of the global market is related to intellectual property. While intangible goods cannot be touched or seen, they are all too real. For companies around the world, one of the most important intangible assets for trading are Trademarks.
    United StatesIntellectual Property
    Freeman Law
    Freeman Law
  • Article

    Historic Tax Case | Higbee v. Commissioner

    For the tax year 1996, the Commissioner of Internal Revenue (Commissioner) determined a deficiency of $10,796 in, and an addition to tax under IRC § 6651(a)(1) of $2,669 on...
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    IRS Goes After Holocaust Survivor For Willful FBAR Penalty

    As seems more and more common, the United States moved for summary judgment on the willfulness determination.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Tax Court In Brief | Fairbank V. Comm'r | Reporting Obligations For Foreign Trust Income And Ownership; Statute Of Limitations

    Freeman Law's "The Tax Court in Brief" covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Bankruptcy And IRC Section 4980H

    The recent bankruptcy case of In re Creative Hairdressers, Inc. et al, Case Nos. 20-14583 and 20-14584 (jointly administered) (Bankr. D. Md., March 3, 2022) involved the intersection of IRC section...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Freeman Law
    Freeman Law
  • Article

    Tax Court In Brief | Patacsil v. Comm'r | Insolvency To Avoid Recognition Of Cancellation-of-Indebtedness Income; Net Operating Loss; Reliance On Tax Professional

    Freeman Law's "The Tax Court in Brief" covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    What 2022 Has Taught Us About FBAR Willfulness

    The Bank Secrecy Act requires certain taxpayers to submit timely FBARs to the United States reporting their interests in foreign accounts.
    United StatesTax
    Freeman Law
    Freeman Law
  • Article

    Tax Court In Brief | Podlucky v. Commissioner | $34M Jewelry In A Secret Room, Constructive Receipt, Innocent Spouse, And Putative Monks

    Summary: Greg Podlucky (Podlucky), a CPA, started a tea bottling business, Le-Nature's, Inc. (LNI). Podlucky served as CEO, majority shareholder, and chair of the board.
    United StatesTax
    Freeman Law
    Freeman Law

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