TAX CONTROVERSY 360

Weekly IRS Roundup July 15 – July 19, 2024

by Evan Walters, Kevin Spencer and Sama Kaseer | Jul 26, 2024 | IRS Guidance, Tax Reform

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of July 15, 2024 – July 19, 2024.

July 15, 2024: The IRS released Internal Revenue Bulletin 2024-29, which includes:

Announcement 2024-29, which revokes the Internal Revenue Code (Code) 501(c)(3) determination for specified organizations and stipulates that contributions made to said organizations by individual donors are no longer deductible under Code § 170(b)(1)(A).

July 15, 2024: The IRS warned taxpayers about social media promotions of a non-existent “Self Employment Tax Credit” that are misleading individuals into improperly claiming the Paid Sick and Family Leave Credit that is intended for employees, not self-employed taxpayers.

July 16, 2024: The IRS released Revenue Ruling 2024-15, which provides the August 2024 applicable federal rates.

July 16, 2024: The IRS warned tax professionals about ongoing threats of phishing emails and cloud-based attacks aimed at stealing sensitive taxpayer information.

July 17, 2024: The IRS updated the Foreign Account Tax Compliance Act (FATCA) website to require users to establish multifactor authentication when registering to enhance identity verification. This change, effective as of July 14, 2024, mandates taxpayers to use IRS service providers Login.gov or ID.me to access their FATCA accounts.

July 19, 2024: The IRS released Notice 2024-59, which provides the 24-month average corporate bond segment rates for July 2024, yield curve and segment rates for single-employer plans, and 30-year Treasury securities interest rates.

July 19, 2024: The IRS issued proposed regulations and final regulations on the rules for required minimum distributions from retirement plans under Code § 401(a)(9). The final regulations largely adhere to the previously proposed rules, including the requirement for certain beneficiaries to continue receiving annual distributions until the end of the 10-year period, and will take effect on September 17, 2024.

July 19, 2024: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Weekly IRS Roundup July 8 – July 12, 2024

by Kevin Spencer, Evan Walters and Sama Kaseer | Jul 17, 2024 | IRS Guidance, Tax Reform

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of July 8, 2024 – July 12, 2024.

July 8, 2024: The IRS released Internal Revenue Bulletin 2024-28, which includes, among other things:

Announcement 2024-28, which revokes the Internal Revenue Code (Code) 501(c)(3) determination for specified organizations and stipulates that contributions made to said organizations by individual donors are no longer deductible under Code § 170(b)(1)(A).

July 9, 2024: The IRS warned tax professionals about new and evolving scams targeting business and taxpayer information where identity thieves pose as new clients, use phishing emails and employ elaborate schemes involving calls and texts.

July 10, 2024: The IRS issued general guidelines for the registration process for the Code § 45Z Clean Fuel Production Credit, as outlined in Notice 2024-29. These guidelines cover the application process and how claim procedures will operate when the clean fuel producer is a disregarded entity.

July 11, 2024: The IRS announced it has collected more than $1 billion in past-due taxes from high-net-worth individuals and will continue to monitor activities involving large corporations and partnerships and aircraft use.

July 11, 2024: The IRS warned car dealers and sellers about evolving phishing and smishing scams involving fraudulent attempts to trick recipients into clicking suspicious links, providing personal information or downloading malware. Dealerships are advised to remain vigilant and avoid unsolicited messages or links in emails and texts.

July 12, 2024: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Weekly IRS Roundup July 1 – July 5, 2024

by Kevin Spencer, Evan Walters and Sama Kaseer | Jul 11, 2024 | IRS Guidance, Tax Reform, Tax Refunds

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of July 1, 2024 – July 5, 2024.

July 1, 2024: The IRS released Internal Revenue Bulletin 2024-27, which includes the following:

Notice 2024-52, which provides the applicable reference price and the credit amount used for determining the Marginal Well Production Credit under 45I of the Internal Revenue Code (Code) for qualified natural gas production from qualified marginal wells for tax years beginning in calendar year 2024.
Announcement 2024-27, which revokes the Code § 501(c)(3) determination for specified organizations and stipulates that contributions made to said organizations by individual donors are no longer deductible under Code § 170(b)(1)(A).

July 1, 2024: The IRS reminded homeowners who make energy-efficient improvements to their homes that they may qualify for home energy tax credits, such as the Energy Efficient Home Improvement Credit and the Residential Clean Energy Credit, to offset the costs of making such improvements. Qualifying taxpayers should file Form 5695, Residential Energy Credits, with their tax return.

July 2, 2024: The IRS launched the Protect Your Clients; Protect Yourself campaign to help tax professionals guard against tax-related identity theft. This initiative aims to raise awareness about security threats and provide guidance for maintaining strong security in a series of eight news releases coinciding with the IRS Nationwide Tax Forum, which features webinars to educate tax professionals on security-related topics.

July 2, 2024: The IRS released Revenue Procedure 2024-30, which modifies Revenue Procedure 2024-23 to provide procedures under Code § 446 for obtaining automatic consent to change accounting methods to the Allowance Charge-off Method described in proposed Treasury Regulation § 1.166-2. This method determines when a debt instrument held by a regulated financial company is conclusively presumed to be worthless for purposes of the bad debt rules under Code § 166.

July 3, 2024: The IRS reminded individuals and businesses in parts of Alaska, Maine and Rhode Island affected by disaster declarations that their 2023 federal income tax returns and tax payments are due on July 15, 2024.

July 3, 2024: The IRS warned about a new scam involving tax return preparers misrepresenting the rules for claiming clean energy credits that taxpayers cannot ultimately benefit from and leading to potential compliance actions and repayment obligations.

July 5, 2024: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Supreme Court Overrules Chevron, Opening Door for New Tax Reg Challenges

by Timothy S. Shuman, Susan E. Ryba, Parisa M. Griess and Samuel J. Preston | Jul 10, 2024 | Court Procedure Matters

On June 28, 2024, the Supreme Court of the United States reshaped the federal tax landscape when it overturned the long-standing Chevron doctrine in Loper Bright Enterprises v. Raimondo, No. 22-451. The Chevron doctrine, a pillar of US administrative law for four decades, required courts to defer to an agency’s reasonable interpretation of an ambiguous statute even where the court concluded that a different interpretation was better supported.

By ending the Chevron doctrine, Loper Bright has created new opportunities for taxpayers to challenge federal tax regulations. While taxpayers have long challenged federal tax regulations, Chevron’s deferential regime hampered many challenges to tax regulations because where there was statutory ambiguity or silence, courts generally deferred to agency interpretations. Loper Bright has evened the playing field between taxpayers and agencies because now both must convince courts that their interpretation of the statute is the best interpretation.

Weekly IRS Roundup June 24 – June 28, 2024

by Kevin Spencer, Evan Walters and Sama Kaseer | Jul 2, 2024 | IRS Audits, IRS Guidance, Tax Reform, Tax Refunds

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of June 24, 2024 – June 28, 2024.

June 24, 2024: The IRS released Internal Revenue Bulletin 2024-26, which includes the following:

Notice 2024-45, which provides the inflation adjustment factors and applicable amounts for the credit for Clean Hydrogen Production Tax Credit under § 45V of the Internal Revenue Code (Code) for calendar years 2023 and 2024.
Notice 2024-46, which provides that payments made by Norfolk Southern to individuals affected by the 2023 train derailment incident in East Palestine, Ohio, are considered “qualified disaster relief payments” under Code § 139, which should be excluded from gross income if they are not otherwise covered by insurance.
Notice 2024-50, which adds polyoxymethylene to the list of “taxable substances” subject to an excise tax under Code § 4672(a). The effective date of this modification for purposes of Code § 4662(e) refund claims is July 1, 2022.
Notice 2024-51, which provides the 2023 reference price under Code § 45K(d)(2)(C), applicable in determining the credit amounts provided under Code § 43 and § 45I and that percentage depletion for oil and natural gas produced from marginal properties and oil credits under Code § 613A.

June 25, 2024: The IRS apologized to hedge fund manager Ken Griffith and other taxpayers affected by the tax data leak perpetrated by former IRS contractor Charles Littlejohn.

June 26, 2024: The IRS highlighted challenges it encountered during the 2024 filing season and objectives for the upcoming fiscal year in a semi-annual report to Congress. Among other issues, the IRS identified delays in issuing refunds to identity theft victims, misleading telephone measures that lead to poor resource allocation decisions, and delays in processing Employee Retention Credit claims as key taxpayer challenges.

June 26, 2024: The IRS announced it will mail time-limited settlement offers in July 2024 to eligible taxpayers who participated in Syndicated Conservation Easements and substantially similar transactions that are under audit. The settlement offer will require substantial concession of income tax benefits and the application of penalties.

June 26, 2024: The IRS, through its Electronic Tax Administration Advisory Committee, released its 2024 annual report, which contains a total of 12 recommendations for Congress and the IRS to help improve tax administration.

June 27, 2024: The IRS extended the deadline to file federal individual and business tax returns and make tax payments for certain individuals and businesses in Mississippi that were affected by severe weather since April 8, 2024. The new deadline is November 1, 2024. The extended deadline is available to taxpayers in any area designated by the Federal Emergency Management Agency (FEMA), including individuals and households that reside or have a business in Hancock, Hinds, Humphreys, Madison, Neshoba and Scott counties.

June 28, 2024: The [...]

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