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Tag Archives: Tax Digest

2010AP2005 Suchla, et al. v. Board of Review Town of Burnside

Tax Property assessments; presumption of reasonableness The Town of Burnside Board of Review appeals a circuit court order remanding disputed property valuations to the board. The board contends that its valuations must be upheld because: (1) the property owners have not overcome the presumption that the town assessor correctly valued the properties; and (2) even if the ... Subscribe Login ...

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2010AP2322 Allen S. Musikantow Trust v. Town of Liberty Grove

Tax Property taxes; timeliness of notice The Allen S. Musikantow Trust appeals a summary judgment dismissing its tax assessment challenge. The Trust argues summary judgment was improper because there was a factual dispute regarding the timeliness of the notice of reassessment. We disagree and affirm. This opinion will not be published. 2010AP2322 Allen S. Musikantow Trust v. Town ... Subscribe ...

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2010AP1211 Giuffre Bros. Cranes Inc. v. City of Milwaukee

Tax Personal property tax; stock-in-trade The City of Milwaukee collected personal property tax for certain truck-mounted cranes owned by Giuffre Bros. Cranes, Inc. The cranes were simultaneously held out for sale and for rent by Giuffre. After paying the tax, Giuffre sought reimbursement from the City, arguing that the cranes qualified for the “merchants’ stock-in-trade” exemption to ... Subscribe Login ...

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10-2681 Cavoto v. Hayes

Tax Filing fraudulent information return 26 U.S.C. 7434(a) does not create a private cause of action for filing a false cancellation of indebtedness. “Cavoto takes issue with the district court’s decision that he was on the hook for the full $30,000, and he thus implies that the Form 1099-C was indeed fraudulent. But, as it turns out, whether ... Subscribe ...

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09-520 CSX Transportation, Inc., v. Alabama Department of Revenue

Tax Tax Injunction Act An interstate rail carrier may challenge Alabama’s sales and use taxes under the Railroad Revitalization and Regulatory Reform Act of 1976. CSX is challenging “another tax” within subsection (b)(4)’s plain meaning. The Act does not define “tax.” Thus, this Court looks to the word’s ordinary definition, which is expansive. A State seeking to raise ... Subscribe ...

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2008AP322 Nestle USA, Inc., v. DOR

Tax Property taxes; highest and best use Even if there are no sales of comparable properties anywhere in the country, the property tax assessor can still value the property’s highest and best use based on its current use. “We find the Commission’s conclusion that the Gateway Plant’s highest and best use is as its continued use as a ... Subscribe ...

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09-3741 Beard v. CIR

Tax Income tax; statute of limitations An overstatement of basis can be treated as an omission from gross income, triggering a six-year statute of limitations. “[A] plain reading of Section 6501(e)(1)(A) would include an inflation of basis as an omission of gross income in non-trade or business situations. See Regions Hospital v. Shalala, 522 U.S. 448, 467 (1997); ... Subscribe ...

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09-837 Mayo Foundation for Medical Education and Research v. U.S.

Tax FICA; medical residents Wages paid to doctors in residency programs are subject to FICA. Mayo accepts the Treasury Department's determination that an individual may not qualify for the student exception unless the educational aspect of his relationship with his employer predominates over the service aspect of that relationship, but objects to the Department's conclusion that residents working ... Subscribe ...

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What tax compromise will actually mean

Roughly two weeks ago, President Obama announced that he had reached a compromise with the Republicans in Congress to extend the "Bush tax cuts" passed in 2001 and 2003.

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2009AP2775 Great Lakes Quick Lube LP vs. City of Milwaukee

Tax Property taxes; fair market value Where there is no evidence that real estate transactions were sale-leasebacks, the transactions were admissible in determining the fair market value of the properties. "As required by Wis. Stat. § 70.32(1), the City verified the arm's-length nature of the transactions and considered recent sales of comparable properties. The sellers were unrelated to ... Subscribe ...

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IRS collections can be interesting paradox

There is an interesting paradox occurring in our federal government. While it appears that the IRS Collection Division is increasing its efforts to collect unpaid taxes, it is also increasing the use of tools that delay the collection of tax.

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2009AP3122, 2009AP3123 Bonstores Realty Two LLC v. City of Racine Board of Review, et al.

Tax Property tax assessment Bonstores Realty Two, LLC and J.C. Penney Company, Inc. (collectively appellants) appeal from an order affirming the City of Racine Board of Review's decision upholding the city assessor's valuation of the Boston Store and Penney store in the Regency Mall for the 2008 tax assessment. The appellants argue that the Board arbitrarily disregarded ... Subscribe Login ...

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New IRS rules target tax return preparers

The Department of the Treasury is at it again. They are broadening the rules of ethics that govern practice before the IRS in a continued effort to clean up the tax business. The IRS will now require everyone that prepares "all or substantially all" of a tax return to register with the IRS and receive a Preparer Tax Identification Number (PTIN). As before, the new rules are more expansive than necessary to achieve their goal.

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