Johnson v. United States Since a final decision of the bankruptcy court has already determined that plaintiff received a fraudulent transfer from her husband of his million-dollar judgment against a former employer, the doctrines of res judicata and collateral estoppel make it appropriate for this court to reach the same conclusion.
United States v. Clayton Where defendant knew he was required to pay his federal income taxes, knew he had not done so, and continued to make extravagant discretionary expenditures, the government has made out a prima facie case that defendant willfully attempted to evade his tax liability. If defendant willfully evaded paying his taxes, his tax debt was not discharged in his bankruptcy.
In re Vaughn Even though debtor Corletta Vaughn claimed to be merely the spiritual leader of Go Tell It Evangelistic Ministry (GTI), the evidence showed that she had and exercised financial authority over GTI as well.
The debtors’ objection to the IRS’s claim is overruled.
Capital One Financial Corp. v. Comm’r of Internal Revenue The 4th Circuit says Capital One credit card company may not retroactively change its accounting method for reporting credit-card late fees on its 1998 and 1999 tax returns in order to reduce its tax liability by about $400 million, nor may it deduct the estimated costs of coupon redemption related to its MilesOne credit card program before customers actually redeem those coupons.
In re Appeal of Blue Ridge Mall LLC Where the county did not use the income approach to value a shopping mall, the Property Tax Commission acted within its authority when it adopted the valuation method used by the taxpayer’s expert but lowered his capitalization rate to account for the age of a comparable property and its sale date.
We affirm the commission’s valuation of the subject property at $9,461,476.
GenOn Mid-Atlantic LLC v. Montgomery County, Md. A Maryland county’s levy on a single “taxpayer,” an electric company, for its carbon dioxide emissions was not a “tax” that meant the district court could not hear the electric company’s challenge to the levy under the Tax Injunction Act; the 4th Circuit says that because the carbon charge was levied on a single “taxpayer” and formed part of a wide-ranging regulatory program, the district court had jurisdiction over the company’s claims.
Jones v. Comm’r of Internal Revenue A wife legally separated from her husband waited too long to contest her liability on their joint tax return, and the 4th Circuit reverses a Tax Court decision that invalidated the IRS regulation that imposes a two-year statute of limitations on equitable relief for an “innocent spouse.”
R.H. Donnelly Corp. v. U.S. (Lawyers Weekly No. 11-01-0354, 13 pp.) (Wilkinson, J. ) No. 10-1365, March 31, 2011; USDC at Raleigh (Boyle, J.) 4th Cir. Click here for the full text of the opinion.
Holding: Saying it takes “real chutzpah” for appellant corporation to claim a refund on taxes it did not overpay, the 4th [...]
In re: Appeal of Marathon Holdings LLC. (Lawyers Weekly No. 11-07-0338, 8 pp.) (Linda Stephens, J.) Appealed from the Property Tax Commission. N.C. App. Click here for the full text of the opinion.
Holding: The Property Tax Commission did not err when it refused to allow the taxpayer’s motion to allow a commission staff member to [...]
Cape Hatteras Electric Membership Corp. v. Lay. (Lawyers Weekly No. 11-07-0204, 26 pp.) (Robert C. Hunter, J.) Appealed from Dare County Superior Court. (Jerry R. Tillett, J.) N.C. App. Click here for the full text of the opinion.
Holding: The defendant Department of Revenue’s decision in 2000 to start charging Cape Hatteras Electric Membership Corp. (CHEMC) [...]
