Michael J. Scarduzio
Subscribe to Michael J. Scarduzio's PostsMichael J. Scarduzio focuses his practice on US and international tax matters, particularly civil and criminal tax litigation. From audit to litigation, he represents taxpayers in all phases of tax controversy, including novel issues of first impression such as financial hedging transactions using a captive insurer, US tax implications of a foreign master-feeder fund’s investment activities and matters arising under Internal Revenue Code (IRC) Sections 7216 and 7212(a). Read Michael Scarduzios full bio.
IRS Roundup May 15 – June 2, 2025
By Evan Walters, Samuel F. Hamer, Edward L. Froelich, Michael J. Scarduzio and Matthew J. Blaney on Jun 5, 2025
Posted In IRS Guidance, Tax Reform, Trial Courts
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for May 15, 2025 – June 2, 2025. IRS GUIDANCE May 15, 2025: The IRS issued Notice 2025-29, providing guidance on the corporate bond monthly yield curve, corresponding spot segment rates under Internal Revenue Code (Code) § 417(e)(3), and the...
Continue Reading
“Big, Beautiful Bill”: Federal Tax Bill Would Restrict the Employee Retention Credit
By Shawn O’Brien, Samuel F. Hamer and Michael J. Scarduzio on May 20, 2025
Posted In Tax Reform
A sweeping federal tax bill that is currently under consideration in the US House of Representatives contains provisions that would significantly change the administration and enforcement of the Employee Retention Credit (ERC). The ERC was enacted in 2020 as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide financial relief to...
Continue Reading
IRS Roundup May 2 – May 13, 2025
By Evan Walters, Samuel F. Hamer, Edward L. Froelich, Michael J. Scarduzio and Matthew J. Blaney on May 19, 2025
Posted In IRS Guidance, Tax Reform
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for May 2, 2025 – May 13, 2025. IRS GUIDANCE May 2, 2025: The IRS issued Revenue Procedure 2025-20, providing guidance on the domestic asset/liability percentages and domestic investment yields used by foreign life insurance companies and foreign property and...
Continue Reading
IRS Roundup April 1 – April 17, 2025
By Evan Walters, Samuel F. Hamer, Edward L. Froelich, Michael J. Scarduzio and Matthew J. Blaney on May 1, 2025
Posted In IRS Guidance, Tax Reform
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for April 1, 2025 – April 17, 2025. April 4, 2025: The IRS issued Notice 2025-19, inviting the public to submit recommendations for items to include in the IRS’s 2025-2026 Priority Guidance Plan. The IRS uses the Priority Guidance Plan...
Continue Reading
The Employee Retention Credit: IRS’s “Risking” Model Faces Legal Challenge
By Shawn O’Brien, Samuel F. Hamer and Michael J. Scarduzio on Apr 24, 2025
Posted In Court Procedure Matters, IRS Appeals, Trial Courts
Case: ERC Today LLC et al. v. John McInelly et al., No. 2:24-cv-03178 (D. Ariz.) In an April 2025 order, the US District Court for the District of Arizona denied a motion for a preliminary injunction filed by two tax preparation firms. The firms sought to halt the Internal Revenue Service’s (IRS) use of an...
Continue Reading
The Employee Retention Credit: How to Litigate and Resolve Claims
By Shawn O’Brien, Michael J. Scarduzio and Samuel F. Hamer on Apr 10, 2025
Posted In IRS Appeals
The Employee Retention Credit (ERC) was designed to help employers keep their employees on payroll during the COVID-19 pandemic by offering a refundable tax credit against certain employment taxes. Despite the Internal Revenue Service (IRS) issuing more than $242 billion in ERC as of early 2025, the processing and payment of these claims have faced...
Continue Reading
IRS Roundup March 15 – March 28, 2025
By Evan Walters, Samuel F. Hamer, Edward L. Froelich, Michael J. Scarduzio, Matthew J. Blaney and Parisa M. Griess on Apr 7, 2025
Posted In IRS Guidance, Tax Reform, Transfer Pricing Resource
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for March 15, 2025 – March 28, 2025. IRS GUIDANCE March 17, 2025: The IRS issued Revenue Ruling 2025-8, providing the April 2025 short-, mid-, and long-term applicable federal rates for purposes of Internal Revenue Code Section 1274(d), as well...
Continue Reading
IRS Roundup February 17 – March 14, 2025
By Evan Walters, Samuel F. Hamer, Edward L. Froelich and Michael J. Scarduzio on Mar 14, 2025
Posted In IRS Guidance
Check out our summary of recent Internal Revenue Service (IRS) guidance for February 17, 2025 – March 14, 2025. Editors’ note: With the change in presidential administrations, the IRS has undergone significant transition in recent weeks and issued significantly less guidance than normal. We did not publish the IRS Roundup regularly during these weeks as...
Continue Reading
FedEx Defeats Government’s Loper Bright Gambit
By Samuel F. Hamer, Edward L. Froelich, Michael J. Scarduzio and Evan Walters on Mar 13, 2025
Posted In Court Procedure Matters, IRS Guidance, Tax Refunds
On February 13, 2025, a Tennessee federal district court handed FedEx Corporation its second win in a refund action involving the application of foreign tax credits to what are known as “offset earnings.”[1] Offset earnings are earnings from a taxpayer’s profitable related foreign corporations that are offset by losses from other related foreign corporations. FedEx...
Continue Reading
Upcoming Webinar: Defeating IRS Penalties
By Edward L. Froelich, Shawn O’Brien and Michael J. Scarduzio on Feb 25, 2025
Posted In Court Procedure Matters, IRS Audits
The IRS has an extensive set of penalties that it can impose on both corporate and individual taxpayers, and recent audit trends indicate a growing tendency to apply multiple penalties. Join McDermott’s Tax Controversy & Litigation Group on March 5, 2025, for a webinar that will dive into the penalties the IRS may pursue and...
Continue Reading
