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Taxation

Apr 20, 2020

Administration: Taxation-Real Property-Valuation Approach

Where assessors challenged a trial court judgment affirming a State Tax Commission order establishing the value of two low-income housing properties for certain tax years, the commission’s choice and application of the income approach to valuing the properties was reasonable and lawful, and the application of the income valuation method using actual rents and expenses […]

Jul 15, 2019

Administrative: Taxation-Deficiency Proceeding-Attorney Fee Award

Plaintiff prevailed in a tax-deficiency proceeding. The tax court granted plaintiff’s attorney fee award, but denied an enhancement to the statutory hourly fee rate and also reduced the number of compensable hours. Where plaintiff’s case was a standard tax case evaluating business participation and where plaintiff’s counsel failed to break down its time entries, the […]

Mar 4, 2019

Administrative: Taxation-Federal Tax Lien

Where appellant challenged a trial-court decision sustaining a notice of federal tax lien, the commissioner’s determination was correct, and the judgment is affirmed. Judgment is affirmed. Goldsmith v. Commissioner of Internal Revenue (MLW No. 72797/Case No. 18-1346 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from the U.S. Tax Court.

Feb 5, 2019

Administrative: Taxation-Notice of Deficiency

Where a taxpayer challenged assessments levied by the government after he failed to file timely federal income tax returns, the judgment for the government is affirmed because the government produced a Form 4340 for both years and a case-history report for one year as well as a notice of deficiency for the second year, so […]

Jan 4, 2019

Administrative Law: Taxation-Tax Lien-Statute Of Limitations

Where taxpayers challenged the dismissal of their petition for a declaratory judgment against the director of revenue, arguing that the trial court should find that the collection of taxes pursuant to the certificate of tax liens was barred by the statute of limitations of Section 516.120(2), dismissal for failure to state a claim was proper […]

Dec 27, 2018

Administrative: Taxation-Income-Tax Deficiency

Where a taxpayer challenged a tax court decision upholding a determination that he was liable for income tax deficiencies and penalties related to his 2006 and 2007 taxes, the determination was correct, and the judgment is affirmed. Judgment is affirmed. Chaganti v. Commissioner of Internal Revenue (MLW No. 72464/Case No. 17-3804 – 2 pages) (U.S. […]

Nov 5, 2018

Administrative: Taxation- Assessment- Standing

Where buyers of residential property sought a reduction in the appraised value of their property after researching the property’s assessment and sales history, the buyers did not have standing to challenge a 2008 assessment because they did not own the property until 2014, and the judgment is affirmed because the buyers failed to present substantial […]

Sep 11, 2018

Administrative : Taxation – Excise Tax

Thompson Truck & Trailer, Inc. v. U.S. (MLW No. 72039/Case No. 17-3154 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

Sep 7, 2018

Administrative : Taxation – Royalty Rates

Medtronic, Inc. v. Commissioner (MLW No. 22010/Case No. 17-1866 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

Sep 7, 2018

Administrative : Taxation –  Home Levy – Compromise Offer

U.S. v. Brabant-Scribner (MLW No. 72006/Case No. 17-2825 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.)

Jul 4, 2018

Administrative :  Taxation – Deficiency Determination – Economic Outlay Doctrine

Hargis v. Koskinen (MLW No. 71787/Case No. 17-1694 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

May 24, 2018

Administrative : Taxation –  Notice Of Deficiency – Validity

Muncy v. Commissioner of Internal Revenue (MLW No. 71674/Case No. 17-2576 – 3 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

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